Alvin Hall v. David Mitchell

Filing 920091026

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7067 ALVIN W. HALL, Petitioner Appellant, v. SUPERINTENDENT DAVID MITCHELL; ALVIN KELLER, JR.,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 NIEMEYER, Circuit Judge, and Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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