Williams v. Mitchell, No. 05-7191 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7191 GARY BUTERRA WILLIAMS, Petitioner - Appellant, versus MICHELLE MITCHELL, Sheriff, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-05-413-3) Submitted: April 27, 2006 Decided: May 3, 2006 Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Gary Buterra Williams, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Gary Buterra Williams seeks to appeal the district court s order denying without prejudice his 28 U.S.C. § 2254 (2000) petition, in which he challenged his pretrial detention. This order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) standard (2000). demonstrating that A prisoner reasonable satisfies jurists this would find by that any assessment of his constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. See 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 (4th Cir. 2001). We have independently reviewed the record and conclude that Williams has not made the requisite showing because his challenge to his pretrial detention is moot.* Accordingly, we deny 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 the court and argument would not aid the decisional process. DISMISSED * We take judicial notice of Williams December 2005 conviction upon his entry of a plea of guilty. - 2 -

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