Richard Blankenship, Jr. v. R. Mitchell

Filing 402752985

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-cv-00027-GCM Copies to all parties and the district court/agency. [998317618] [09-6640]

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Case: 09-6640 Document: 19 Date Filed: 04/13/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6640 RICHARD AARON BLANKENSHIP, JR., Petitioner ­ Appellant, v. R. DAVID MITCHELL, Superintendent, Correctional Institution, Respondent ­ Appellee. Mountain View Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:09-cv-00027-GCM) Submitted: April 1, 2010 Decided: April 13, 2010 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Richard Aaron Blankenship, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Case: 09-6640 Document: 19 Date Filed: 04/13/2010 Page: 2 PER CURIAM: Richard Aaron Blankenship, Jr., seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2006). 28 U.S.C. § 2253(c)(2) A prisoner satisfies this standard by demonstrating that reasonable jurists would 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). have independently reviewed the record and conclude We that Blankenship 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

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