Tony Earl Staten v. Leslie Cooley Dismukes

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-6662
TONY EARL STATEN,
Petitioner - Appellant,
v.
LESLIE COOLEY DISMUKES,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, District Judge. (5:23-hc-02214-BO)
Submitted: December 18, 2025 Decided: December 23, 2025
Before NIEMEYER and BERNER, Circuit Judges, TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Tony Earl Staten, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tony Earl Staten seeks to appeal the district court's order dismissing as untimely his
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 Staten 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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