Summary
The United States Court of Appeals for the Fourth Circuit dismissed an appeal from a district court's dismissal of a habeas corpus petition under 28 U.S.C. § 2254 as untimely. The court denied a certificate of appealability and leave to proceed in forma pauperis, concluding that the petitioner failed to make a substantial showing of the denial of a constitutional right. The appeal was dismissed without oral argument.
Topics
Practice areas
Questions Presented
- Whether Bean made a substantial showing of the denial of a constitutional right to obtain a certificate of appealability.
Holdings
- Bean failed to make the requisite showing, so the court denied a certificate of appealability and dismissed the appeal.
Factual background
Rhett Bean, a Virginia state prisoner, filed a 28 U.S.C. § 2254 petition for habeas corpus relief. The district court dismissed the petition as untimely. Bean appealed, seeking a certificate of appealability.
Procedural history
The district court accepted the magistrate judge's recommendation and dismissed Bean's § 2254 petition as untimely. Bean appealed, and the Fourth Circuit considered whether to grant a certificate of appealability.