Percy Williams, Jr. v. Robert Jones, No. 09-7130 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7130 PERCY ALLEN WILLIAMS, JR., Petitioner - Appellant, v. ROBERT JONES, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:09-cv-00006-GCM) Submitted: October 20, 2009 Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge. Decided: NIEMEYER, October 27, 2009 Circuit Judge, and Dismissed by unpublished per curiam opinion. Percy Allen Williams, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Percy district Allen court s Williams, order Jr., seeks as untimely dismissing § 2254 (2006) petition. to appeal his 28 the U.S.C. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional prisoner reasonable right. satisfies jurists constitutional 28 U.S.C. this standard would claims § 2253(c)(2) by find the that district by any (2006). demonstrating assessment court is A that of the debatable 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 Williams reviewed the record and has not made the requisite showing. conclude that Accordingly, we deny a certificate of appealability and dismiss the appeal. We also deny Williams motion for appointment of counsel and deny, as moot, his motions for bail or release pending appeal and for injunctive relief pending appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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