Percy Williams, Jr. v. Robert Jones

Filing 920091027

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7130 PERCY ALLEN WILLIAMS, JR., Petitioner - Appellant, v. ROBERT JONES, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:09-cv-00006-GCM) Submitted: October 20, 2009 Decided: October 27, 2009 Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge. NIEMEYER, Circuit Judge, and Dismissed by unpublished per curiam opinion. Percy Allen Williams, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Percy district court's Allen order Williams, dismissing Jr., as seeks untimely to his appeal 28 the U.S.C. 2254 (2006) petition. The order is 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). independently reviewed the record and conclude that We have Williams has not made the requisite showing. Accordingly, we deny a We also certificate of appealability and dismiss the appeal. deny Williams' motion for appointment of counsel and deny, as moot, his motions for bail or release pending appeal and for injunctive relief pending appeal. We 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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