Troy Brown v. Gene Johnson, No. 09-8129 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8129 TROY ATERA BROWN, Petitioner Appellant, v. GENE M. JOHNSON, Director of Virginia Dept of Corrections, Respondent Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:09-cv-00435-sgw-mfu) Submitted: January 19, 2010 Decided: January 28, 2010 Before NIEMEYER, KING, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Troy Atera Brown, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Troy Atera Brown seeks to appeal the district court s order dismissing untimely filed. his 28 U.S.C. § 2254 (2006) petition The order is not appealable unless a circuit justice or judge issues a certificate of appealability. U.S.C. § 2253(c)(1) (2006). not issue absent constitutional prisoner a right. jurists constitutional 28 this would claims by See 28 A certificate of appealability will substantial satisfies reasonable as showing U.S.C. the the § 2253(c)(2) standard find of that district by denial of (2006). demonstrating any assessment court is a A that of the debatable or wrong and that any dispositive procedural ruling by the district See Miller-El v. Cockrell, 537 court is likewise debatable. 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 Brown has not made the requisite showing. Accordingly, we deny Brown s motion for 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 2

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