US v. Willie Bostic
Filing
920090810
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-6366
UNITED STATES OF AMERICA, Plaintiff Appellee, v. WILLIE JOE BOSTIC, Defendant Appellant.
Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:03-cr-00378-TLW-1; 4:08-cv-70099-TLW)
Submitted:
July 21, 2009
Decided:
August 10, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Willie Joe Bostic, Appellant Pro Se. Rose Mary Sheppard Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Willie Joe Bostic seeks to appeal the district court's order dismissing as untimely his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. justice or The order is not appealable unless a circuit issues a certificate of appealability. 28
judge
U.S.C. § 2253(c)(1) (2006). not issue absent "a
A certificate of appealability will showing of the denial (2006). of a A that the or
substantial 28
constitutional prisoner reasonable
right." this would by
U.S.C. standard
§ 2253(c)(2) by any
satisfies jurists
demonstrating assessment is of
find the
that
constitutional
claims
district
court
debatable
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 Bostic has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal
certificate dispense
appealability oral argument
appeal. and
with
because
facts
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED
2
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