Timothy Wilson v. Gene Johnson, No. 10-6189 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6189 TIMOTHY M. WILSON, Petitioner Appellant, v. GENE JOHNSON, Director, Virginia Department of Corrections, Respondent Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:09-cv-00527-gec-mfu) Submitted: April 29, 2010 Decided: May 4, 2010 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge Dismissed by unpublished per curiam opinion. Timothy M. Wilson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy M. Wilson seeks to appeal the district court s order dismissing petition. or as untimely 28 U.S.C. § 2254 (2006) The order is not appealable unless a circuit justice judge issues a certificate § 2253(c)(1) (2006). issue his 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 by showing 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 Wilson has not made the requisite showing. motion for appeal. legal before a certificate of Accordingly, we deny Wilson 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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