United States v. Paul Mitchell, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6636
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PAUL BERNARD MITCHELL, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard,
Senior District Judge. (5:09-cr-00382-H-1; 5:12-cv-00471-H)
Submitted: July 25, 2013 Decided: July 30, 2013
Before GREGORY, DAVIS, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Paul Bernard Mitchell, Jr., Appellant Pro Se. Jennifer P. May-
Parker, Assistant United States Attorney, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Paul Bernard Mitchell, Jr., seeks to appeal the
district court’s order dismissing as untimely his 28 U.S.C.A.
§ 2255 (West Supp. 2013) motion. The order is not appealable
unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 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)
(2006). When 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.
Slack v. McDaniel, 529 U.S. 473, 484-85 (2000).
We have independently reviewed the record and conclude
that Mitchell 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