Harry A. Barron v. DONALD AMES, Superintendent, Mt. Olive, WV

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7144
HARRY A. BARRON,
Petitioner - Appellant,
v.
DONALD AMES, Superintendent, Mt. Olive, WV,
Respondent - Appellee.
Appeal from the United States District Court for the Southern District of West Virginia, at
Bluefield. David A. Faber, Senior District Judge. (1:20-cv-00498)
Submitted: February 16, 2023 Decided: February 22, 2023
Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and FLOYD, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Harry A. Barron, Appellant Pro Se. Lindsay Sara See, OFFICE OF THE ATTORNEY
GENERAL, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Harry A. Barron seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing as untimely Barron’s 28 U.S.C.
§ 2254 petition. See Gonzalez v. Thaler, 565 U.S. 134, 148 & n.9 (2012) (explaining that
§ 2254 petitions are subject to one-year statute of limitations, running from latest of four
commencement dates enumerated in 28 U.S.C. § 2244(d)(1)). The order is not appealable
unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1)(A). 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). When, as here, 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. Gonzalez, 565 U.S. at 140-41 (citing Slack v. McDaniel,
529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Barron 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 before this court and argument would not aid the
decisional process.
DISMISSED

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