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Anthony Belcher v. Commonwealth of Virginia, 4th Cir. (2014)

This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Anthony Lee Belcher's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The appeals court independently reviewed the record and determined that Belcher did not make the requisite showing that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the appeals court denied Belcher's request for a certificate of appealability, denied him leave to proceed in forma pauperis, and dismissed his appeal.

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51 views3 pages

Anthony Belcher v. Commonwealth of Virginia, 4th Cir. (2014)

This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Anthony Lee Belcher's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The appeals court independently reviewed the record and determined that Belcher did not make the requisite showing that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the appeals court denied Belcher's request for a certificate of appealability, denied him leave to proceed in forma pauperis, and dismissed his appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 14-6282

ANTHONY LEE BELCHER,


Petitioner Appellant,
v.
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
James C. Turk, Senior
District Judge. (7:13-cv-00517-JCT-RSB)

Submitted:

June 19, 2014

Decided:

July 2, 2014

Before WILKINSON and NIEMEYER, Circuit Judges, and DAVIS, Senior


Circuit Judge.

Dismissed by unpublished per curiam opinion.

Anthony Lee Belcher, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Anthony

Lee

Belcher

seeks

to

appeal

the

district

courts order dismissing his 28 U.S.C. 2254 (2012) petition as


untimely.
or

judge

The order is not appealable unless a circuit justice


issues

certificate

2253(c)(1)(A) (2012).
issue

absent

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.

of

showing

of

the

denial

28 U.S.C. 2253(c)(2) (2012).

of

When the

district court denies relief on the merits, a prisoner satisfies


this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district courts assessment of the constitutional


claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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 Belcher has not made the requisite showing.

Accordingly,

we deny 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

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