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    Melvin Funez v. Robert Lewis, 4th Cir. (2012)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Melvin Elpido Medina Funez of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The appeals court determines that Funez has not made a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. As such, the court dismisses the appeal, denies a certificate of appealability, denies leave to proceed in forma pauperis, and dispenses with oral argument.

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    Melvin Funez v. Robert Lewis, 4th Cir. (2012)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Melvin Elpido Medina Funez of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The appeals court determines that Funez has not made a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. As such, the court dismisses the appeal, denies a certificate of appealability, denies leave to proceed in forma pauperis, and dispenses with oral argument.

    Original Description:

    Filed: 2012-10-16 Precedential Status: Non-Precedential Docket: 12-7228

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Melvin Elpido Medina Funez of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The appeals court determines that Funez has not made a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. As such, the court dismisses the appeal, denies a certificate of appealability, denies leave to proceed in forma pauperis, and dispenses with oral argument.

    Copyright:

    Public Domain
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    50 views3 pages

    Melvin Funez v. Robert Lewis, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Melvin Elpido Medina Funez of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The appeals court determines that Funez has not made a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. As such, the court dismisses the appeal, denies a certificate of appealability, denies leave to proceed in forma pauperis, and dispenses with oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-7228

    MELVIN ELPIDO MEDINA FUNEZ,


    Petitioner - Appellant,
    v.
    ROBERT C. LEWIS; LAFAYETTE HALL,
    Respondent - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:11-hc-02067-BO)

    Submitted:

    October 5, 2012

    Decided:

    October 16, 2012

    Before SHEDD, AGEE, and KEENAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Melvin Elpido Medina Funez, Appellant Pro Se.


    Mary Carla
    Hollis, Assistant Attorney General, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:

    district

    Melvin

    Elpido

    courts

    order

    2254 (2006) petition.

    Medina

    Funez

    dismissing

    seeks

    as

    to

    untimely

    his

    appeal
    28

    the

    U.S.C.

    The order is not appealable unless a

    circuit justice or judge issues a certificate of appealability.


    28

    U.S.C.

    2253(c)(1)(A)

    (2006).

    certificate

    of

    appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2006).

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

    When the district court denies relief on the merits, a

    prisoner

    satisfies

    this

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    courts

    assessment of the constitutional claims is debatable or wrong.


    Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
    Cockrell, 537 U.S. 322, 336-38 (2003).
    denies

    relief

    demonstrate

    both

    on

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    ruling

    must
    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 Funez 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 the court and argument would


    not aid the decisional process.

    DISMISSED

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