Jaki Dawson v. Harold Clarke ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7546
JAKI MONTA DAWSON,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director (DOC),
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Anthony John Trenga, District Judge. (1:19-cv-00970-AJT-TCB)
Submitted: December 17, 2020 Decided: December 22, 2020
Before THACKER, HARRIS, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jaki Monta Dawson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jaki Monta Dawson seeks to appeal the district court’s order dismissing his
28 U.S.C. § 2254 petition as time-barred. See Gonzalez v. Thaler, 565 U.S. 134, 148 &
n.9 (2012) (explaining that § 2254 petitions are subject to one-year statute of limitations,
running from latest of four commencement dates enumerated in 28 U.S.C. § 2244(d)(1)).
The order is not appealable unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(A). 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). 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 petition states a debatable claim of the denial of a constitutional right. Gonzalez, 565
U.S. at 140-41 (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Dawson 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
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