Lawrence Person v. Carolyn Wallace
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
LAWRENCE WAYNE PERSON, Petitioner - Appellant, v. CAROLYN WALLACE, Warden, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:08-cv-00863-CMH-TCB)
November 19, 2009
December 2, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lawrence Wayne Person, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Lawrence Wayne Person seeks to appeal the district
court's order dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2006). issue absent "a
A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
wrong and that any dispositive procedural ruling by the district court is likewise debatable. 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). We have
independently reviewed the record and conclude that Person has not made the requisite showing. motion appeal. legal before for a certificate of Accordingly, we deny Person's appealability and dismiss the
We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional
contentions the court
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