Timothy Hatter v. Harold Clarke ( 2019 )


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  •                                     UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 19-7428
    TIMOTHY W. HATTER,
    Petitioner - Appellant,
    v.
    HAROLD W. CLARKE, Director of the Virginia Department of Corrections,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Norfolk. Mark S. Davis, Chief District Judge. (2:18-cv-00612-MSD-DEM)
    Submitted: December 17, 2019                                Decided: December 20, 2019
    Before KING, FLOYD, and HARRIS, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Timothy W. Hatter, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Timothy W. Hatter seeks to appeal the district court’s order adopting the
    recommendation of the magistrate judge and dismissing as time-barred his 28 U.S.C.
    § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues
    a certificate of appealability.   28 U.S.C. § 2253(c)(1)(A) (2012).        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) (2012). When the district court denies relief on the merits,
    a prisoner satisfies this standard by demonstrating that reasonable jurists would find that
    the district court’s assessment of the constitutional claims is debatable or wrong. Slack v.
    McDaniel, 
    529 U.S. 473
    , 484 (2000); see Miller-El v. Cockrell, 
    537 U.S. 322
    , 336-38
    (2003). When the district court denies relief on procedural grounds, the prisoner must
    demonstrate both that the dispositive procedural ruling is debatable, and that the petition
    states a debatable claim of the denial of a constitutional right. 
    Slack, 529 U.S. at 484-85
    .
    We have independently reviewed the record and conclude that Hatter has not made
    the requisite showing. Accordingly, we deny his motion for a certificate of appealability,
    deny leave to proceed in forma pauperis, 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
    

Document Info

Docket Number: 19-7428

Filed Date: 12/20/2019

Precedential Status: Non-Precedential

Modified Date: 12/20/2019