United States of America v. Ishmeel Qyshawn Chapman

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6865
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ISHMEEL QYSHAWN CHAPMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Kenneth D. Bell, District Judge. (3:20-cr-00155-KDB-DCK-1; 3:23-cv-00225-
KDB)
Submitted: January 30, 2024 Decided: February 6, 2024
Before KING, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ishmeel Qyshawn Chapman, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ishmeel Qyshawn Chapman seeks to appeal the district court’s orders dismissing as
untimely his 28 U.S.C. § 2255 motion and denying his Fed. R. Civ. P. 59(e) motion for
reconsideration. See Whiteside v. United States, 775 F.3d 180, 182-83 (4th Cir. 2014) (en
banc) (explaining that § 2255 motions are subject to one-year statute of limitations, running
from latest of four commencement dates enumerated in 28 U.S.C. § 2255(f)). The orders
are not appealable unless a circuit justice or judge issues a certificate of appealability. 28
U.S.C. § 2253(c)(1)(B). 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 motion states a debatable
claim of the denial of a constitutional right. Gonzalez v. Thaler, 565 U.S. 134, 140-41
(2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Chapman 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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