Alonzo Brinkley, II v. Jon Ozmint
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
ALONZO R. BRINKLEY, II, Petitioner Appellant, v. JON OZMINT, Respondent Appellee.
Appeal from the United States District Court for the District of South Carolina, at Greenville. Joseph F. Anderson, Jr., Chief District Judge. (6:08-cv-00308-JFA)
June 18, 2009
June 25, 2009
Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donald Mitchell Brown, Jr., BROWN & ASSOCIATES, PLLC, Charlotte, North Carolina, for Appellant. William Edgar Salter, III, Assistant Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Alonzo R. Brinkley, II, seeks to appeal the district court's order accepting the recommendation of the magistrate
judge and dismissing Brinkley's 28 U.S.C. § 2254 (2006) petition as untimely filed. justice or judge The order is not appealable unless a circuit issues a certificate of appealability. 28
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
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 Brinkley has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal
appealability oral argument
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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