Chauncey Williams v. Carole Wallace

Filing 920090608

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6334

CHAUNCEY A. WILLIAMS, Petitioner - Appellant, v. CAROLE F. WALLACE, Warden of Lunenburg Correctional Center, Respondent ­ Appellee, and COMMONWEALTH OF VIRGINIA, Respondent.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:08-cv-00027-TSE-TCB)

Submitted:

May 28, 2009

Decided:

June 8, 2009

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Chauncey A. Williams, Appellant Pro Se. Susan Mozley Harris, Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Chauncey court's order A. Williams relief seeks his to 28 appeal U.S.C. the district (2006)

denying

on

§ 2254

petition.

The order is not appealable unless a circuit justice See 28 U.S.C.

or judge issues a certificate of appealability. § 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

substantial 28

constitutional prisoner reasonable

right." this would by

§ 2253(c)(2) by any

(2006).

satisfies jurists

demonstrating assessment is of

constitutional

claims

district

court

debatable

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). have independently reviewed the record and conclude We that

Williams has not made the requisite showing.

Accordingly, we We

deny a certificate of appealability and dismiss the appeal. 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