Charles Barton, Jr. v. Warden Coffeewood Correctional

Filing 920100407

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7583

CHARLES R. BARTON, JR., Petitioner - Appellant, v. WARDEN, COFFEEWOOD CORRECTIONAL CENTER, Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:09-cv-00304-sgw-mfu)

Submitted:

March 16, 2010

Decided:

April 7, 2010

Before WILKINSON and Senior Circuit Judge.

DUNCAN,

Circuit

Judges,

and

HAMILTON,

Dismissed by unpublished per curiam opinion.

Charles R. Barton, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Charles R. Barton, Jr., seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C.

§ 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. 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 Barton has not made the requisite showing. Accordingly, we deny a

certificate of appealability and dismiss the appeal. deny Barton's motion to appoint counsel.

We also

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