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    Billy Fortune v. Harold Clarke, 4th Cir. (2015)

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    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Billy Raheem Fortune's appeal of a district court order that dismissed his habeas corpus petition as untimely. The appeals court denied Fortune's request for a certificate of appealability, finding he did not make a substantial showing that his constitutional rights were denied. The court also denied his request to proceed in forma pauperis and dismissed the appeal.

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    Billy Fortune v. Harold Clarke, 4th Cir. (2015)

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    68 views3 pages
    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Billy Raheem Fortune's appeal of a district court order that dismissed his habeas corpus petition as untimely. The appeals court denied Fortune's request for a certificate of appealability, finding he did not make a substantial showing that his constitutional rights were denied. The court also denied his request to proceed in forma pauperis and dismissed the appeal.

    Original Description:

    Filed: 2015-02-19 Precedential Status: Non-Precedential Docket: 15-6018

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    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Billy Raheem Fortune's appeal of a district court order that dismissed his habeas corpus petition as untimely. The appeals court denied Fortune's request for a certificate of appealability, finding he did not make a substantial showing that his constitutional rights were denied. The court also denied his request to proceed in forma pauperis and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    68 views3 pages

    Billy Fortune v. Harold Clarke, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals for the Fourth Circuit case. The court dismissed Billy Raheem Fortune's appeal of a district court order that dismissed his habeas corpus petition as untimely. The appeals court denied Fortune's request for a certificate of appealability, finding he did not make a substantial showing that his constitutional rights were denied. The court also denied his request to proceed in forma pauperis and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-6018

    BILLY RAHEEM FORTUNE,


    Petitioner Appellant,
    v.
    HAROLD W. CLARKE, Director of the Virginia Department of
    Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk.
    Arenda L. Wright Allen,
    District Judge. (2:13-cv-00687-AWA-TEM)

    Submitted:

    February 12, 2015

    Decided:

    February 19, 2015

    Before MOTZ, WYNN, and FLOYD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Billy Raheem Fortune, Appellant Pro Se. Donald Eldridge Jeffrey,


    III,
    Assistant
    Attorney
    General,
    Richmond,
    Virginia,
    for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Billy
    courts

    order

    Raheem

    Fortune

    accepting

    the

    seeks

    to

    appeal

    recommendation

    of

    the
    the

    district

    magistrate

    judge and dismissing as untimely his 28 U.S.C. 2254 (2012)


    petition. The order is not appealable unless a circuit justice
    or

    judge

    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 Fortune 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


    2

    presented in the materials before this court and argument would


    not aid the decisional process.

    DISMISSED

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