Derrick Harrell v. Anthony Hathaway
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
DERRICK HARRELL, Petitioner - Appellant, v. ANTHONY HATHAWAY, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:07-hc-02052-H)
March 6, 2009
April 8, 2009
Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Derrick Harrell, Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Derrick Harrell seeks to appeal the district court's order denying his post-judgment motion, construed by the court as a motion pursuant of the to Fed. R. order Civ. P. 59(e), as seeking untimely
Harrell's 28 U.S.C. § 2254 (2006) petition. appealable certificate (2006). unless of a circuit justice See 28 or
The order is not judge issues a
A certificate of appealability will not issue absent "a
substantial showing of the denial of a constitutional right." 28 U.S.C. by § 2253(c)(2) (2006). that A prisoner satisfies would this find
that any assessment of the 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, 683-84 (4th Cir. 2001). On appeal, we confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b). Harrell's brief
alleges no error committed by the district court in denying his motion, and we discern none. Accordingly, we deny a certificate We dispense with oral
of appealability and dismiss the appeal.
argument because the facts and legal contentions are adequately 2
presented in the materials before the court and argument would not aid the decisional process. DISMISSED
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