Maurice Hawkins v. Commonwealth of Virginia, No. 08-6956 (4th Cir. 2009)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6956 MAURICE HAWKINS, Petitioner - Appellant, v. COMMONWEALTH OF VIRGINIA, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:07-cv-00677-MHL) Submitted: February 2, 2009 Decided: March 12, 2009 Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Maurice Hawkins, Appellant Pro Se. Karri B. Atwood, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Maurice Hawkins seeks to appeal the district court s order dismissing petition. or judge as untimely issues absent constitutional prisoner 28 U.S.C. § 2254 (2006) The order is not appealable unless a circuit justice a certificate § 2253(c)(1) (2006). issue his a substantial right. jurists constitutional appealability. 28 U.S.C. A certificate of appealability will not satisfies reasonable of 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of by that (2006). demonstrating any district of assessment court is a A that of the debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Hawkins has not made the certificate dispense of with requisite showing. appealability oral argument and Accordingly, dismiss because the the we deny appeal. facts and a We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.