Alvin Hall v. David Mitchell

Filing 920091026

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7067

ALVIN W. HALL, Petitioner ­ Appellant, v. SUPERINTENDENT DAVID MITCHELL; ALVIN KELLER, JR., Secretary, Respondents ­ Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Bryson City. Graham C. Mullen, Senior District Judge. (2:09-cv-00028-GCM)

Submitted:

October 20, 2009

Decided:

October 26, 2009

Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge.

NIEMEYER,

Circuit

Judge,

and

Dismissed by unpublished per curiam opinion.

Alvin W. Hall, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Alvin W. Hall seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. § 2254 (2006)

petition, and a subsequent order denying relief on his motion for reconsideration. The orders are not appealable unless a

circuit justice or judge issues a certificate of appealability. 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 prisoner reasonable right." this would by 28 U.S.C. standard find the that § 2253(c)(2) by any (2006). A that the or

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. 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 Hall has not made the requisite showing. Accordingly, we deny a certificate We dispense with oral

of appealability and dismiss the appeal.

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