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Antonio Gordon v. Leroy Cartledge, 4th Cir. (2012)

The United States Court of Appeals for the Fourth Circuit dismissed Antonio Gordon's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The district court had accepted the magistrate judge's recommendation to dismiss the petition. The appellate court denied Gordon a certificate of appealability, finding that he had not made a substantial showing that his constitutional rights were denied, as required for the certificate to issue. The court independently reviewed the record and concluded Gordon had not met this standard. Therefore, the court dismissed the appeal without oral argument.

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50 views3 pages

Antonio Gordon v. Leroy Cartledge, 4th Cir. (2012)

The United States Court of Appeals for the Fourth Circuit dismissed Antonio Gordon's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The district court had accepted the magistrate judge's recommendation to dismiss the petition. The appellate court denied Gordon a certificate of appealability, finding that he had not made a substantial showing that his constitutional rights were denied, as required for the certificate to issue. The court independently reviewed the record and concluded Gordon had not met this standard. Therefore, the court dismissed the appeal without oral argument.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 11-7350

ANTONIO GORDON,
Petitioner - Appellant,
v.
WARDEN LEROY CARTLEDGE,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Margaret B. Seymour, District
Judge. (8:10-cv-02578-MBS)

Submitted:

April 24, 2012

Decided:

May 16, 2012

Before WYNN, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jeremy A. Thompson, LAW OFFICE OF JEREMY A. THOMPSON, LLC,


Columbia, South Carolina, for Appellant.
Donald John Zelenka,
Deputy Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Antonio Gordon seeks to appeal the district courts
order accepting the recommendation of the magistrate judge and
dismissing as untimely his 28 U.S.C. 2254 (2006) petition.
The order is not appealable unless a circuit justice or judge
issues

certificate

2253(c)(1)(A) (2006).
issue

absent

of

appealability.

U.S.C.

A certificate of appealability will not

substantial

constitutional right.

28

showing

of

the

denial

28 U.S.C. 2253(c)(2) (2006).

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 Gordon has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.


dispense

with

oral

argument

because

the

facts

and

We

legal

contentions are adequately presented in the materials before the


court and argument would not aid the decisional process.
DISMISSED

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