United States of America v. Hysen Sherifi

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 19-7154

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HYSEN SHERIFI,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at
Wilmington. W. Earl Britt, Senior District Judge. (7:12-cr-00020-BR-1; 7:18-cv-00191-
BR)

Submitted: January 28, 2020 Decided: February 19, 2020

Before MOTZ, KEENAN, and RUSHING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Hysen Sherifi, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:
Hysen Sherifi seeks to appeal the district court’s order dismissing as untimely his
28 U.S.C. § 2255 (2018) motion. 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 order is not appealable unless a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. § 2253(c)(1)(B) (2018). 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) (2018). 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 Sherifi has not made
the requisite showing. Accordingly, we deny Sherifi’s motion for 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