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United States v. LaGrant Greer, 19-7895 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 19-7895 Visitors: 5
Filed: Apr. 17, 2020
Latest Update: Apr. 17, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7895 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LAGRANT GREER, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Irene C. Berger, District Judge. (5:14-cr-00202-1; 5:18-cv-00387) Submitted: April 14, 2020 Decided: April 17, 2020 Before WILKINSON, QUATTLEBAUM, and RUSHING, Circuit Judges. Dismissed by unpublished per curiam opinion. Sebastian M
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                                     UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                       No. 19-7895


UNITED STATES OF AMERICA,

                     Plaintiff - Appellee,

              v.

LAGRANT GREER,

                     Defendant - Appellant.



Appeal from the United States District Court for the Southern District of West Virginia, at
Beckley. Irene C. Berger, District Judge. (5:14-cr-00202-1; 5:18-cv-00387)


Submitted: April 14, 2020                                         Decided: April 17, 2020


Before WILKINSON, QUATTLEBAUM, and RUSHING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Sebastian Midhun Joy, JOY LAW OFFICE, Catlettsburg, Kentucky, for Appellant.
Timothy Doyle Boggess, OFFICE OF THE UNITED STATES ATTORNEY, Beckley,
West Virginia, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       LaGrant Greer seeks to appeal the district court’s order accepting the

recommendation of the magistrate judge and dismissing as untimely Greer’s 28 U.S.C.

§ 2255 (2018) motion. See Whiteside v. United States, 
775 F.3d 180
, 182-83 (4th Cir.

2014) (en banc) (explaining that § 2255 motions are subject to one-year statute of

limitations, running from latest of four commencement dates enumerated in 28 U.S.C.

§ 2255(f)). The order is not appealable unless a circuit justice or judge issues a certificate

of appealability. 28 U.S.C. § 2253(c)(1)(B) (2018). A certificate of appealability will not

issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2018). When, as here, the district court denies relief on procedural grounds,

the prisoner must demonstrate both that the dispositive procedural ruling is debatable and

that the motion states a debatable claim of the denial of a constitutional right. Gonzalez v.

Thaler, 
565 U.S. 134
, 140-41 (2012) (citing Slack v. McDaniel, 
529 U.S. 473
, 484 (2000)).

       We have independently reviewed the record and conclude that Greer has not made

the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the

appeal. We dispense with oral argument because the facts and legal contentions are

adequately presented in the materials before this court and argument would not aid the

decisional process.

                                                                                DISMISSED




                                              2

Source:  CourtListener

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