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  • Ricardo Gonzalez-Castro v. Bob Marshall, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Ricardo Abraham Gonzalez-Castro's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely. The district court had accepted the magistrate judge's recommendation to dismiss the petition. The appeals court independently reviewed the record and determined that Gonzalez-Castro did not make a substantial showing of the denial of a constitutional right, so it denied a certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2015-11-19 Precedential Status: Non-Precedential Docket: 15-6462

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    The United States Court of Appeals for the Fourth Circuit dismissed Ricardo Abraham Gonzalez-Castro's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely. The district court had accepted the magistrate judge's recommendation to dismiss the petition. The appeals court independently reviewed the record and determined that Gonzalez-Castro did not make a substantial showing of the denial of a constitutional right, so it denied a certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
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    10 views3 pages

    Ricardo Gonzalez-Castro v. Bob Marshall, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Ricardo Abraham Gonzalez-Castro's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely. The district court had accepted the magistrate judge's recommendation to dismiss the petition. The appeals court independently reviewed the record and determined that Gonzalez-Castro did not make a substantial showing of the denial of a constitutional right, so it denied a certificate of appealability and dismissed the appeal without oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-6462

    RICARDO ABRAHAM GONZALEZ-CASTRO,


    Petitioner - Appellant,
    v.
    BOB W. MARSHALL; KIERAN J. SHANAHAN,
    Respondents - Appellees.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    Loretta Copeland
    Biggs, District Judge. (1:13-cv-01120-LCB-LPA)

    Submitted:

    October 28, 2015

    Decided:

    November 19, 2015

    Before KING and FLOYD, Circuit Judges, and DAVIS, Senior Circuit
    Judge.

    Dismissed by unpublished per curiam opinion.

    Ricardo Abraham Gonzalez-Castro, Appellant Pro Se. Clarence Joe


    DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
    North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ricardo
    district

    Abraham

    courts

    Gonzalez-Castro

    order

    accepting

    seeks

    the

    to

    appeal

    recommendation

    of

    the
    the

    magistrate judge and dismissing as untimely his 28 U.S.C. 2254


    (2012) petition.

    The order is not appealable unless a circuit

    justice

    issues

    or

    judge

    certificate

    U.S.C. 2253(c)(1)(A) (2012).

    of

    appealability.

    28

    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 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
    Gonzalez-Castro

    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


    2

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.

    DISMISSED

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