David Guest v. George Hinkle
Filing
920091218
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-7446
DAVID L. GUEST, Petitioner Appellant, v. GEORGE M. HINKLE, Warden, Respondent Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:09-cv-00274-GBL-JFA)
Submitted:
December 15, 2009
Decided:
December 18, 2009
Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
David L. Guest, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: David L. Guest 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 See 28 U.S.C.
or judge issues a certificate of appealability. § 2253(c)(1) (2006). issue absent "a
A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or
substantial 28
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
(2006).
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. 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). We
have independently reviewed the record and conclude that Guest has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal
dismiss the
with
because
facts
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?