Lawrence Person v. Carolyn Wallace, No. 09-6306 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6306 LAWRENCE WAYNE PERSON, Petitioner - Appellant, v. CAROLYN WALLACE, Warden, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:08-cv-00863-CMH-TCB) Submitted: November 19, 2009 Decided: December 2, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Lawrence Wayne Person, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lawrence Wayne Person seeks to appeal the district court s order dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. or The order is not appealable unless a circuit justice judge issues a certificate § 2253(c)(1) (2006). issue absent constitutional prisoner a substantial right. jurists constitutional appealability. 28 U.S.C. A certificate of appealability will not satisfies reasonable of 28 U.S.C. this would claims showing by the the denial § 2253(c)(2) standard find of that district by of (2006). demonstrating any assessment court is a A that of debatable the or wrong and that any dispositive procedural ruling by the district Miller-El v. Cockrell, 537 U.S. court is likewise debatable. 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 Person has not made the requisite showing. motion for appeal. legal before a certificate of Accordingly, we deny Person s appealability and dismiss the We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 2

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