William Goodman, Jr. v. Lewis Smith

Filing 920100318

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8194 WILLIAM JASPER GOODMAN, JR., Petitioner Appellant, v. LEWIS SMITH, Superintendent, Respondent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-00483-GCM) Submitted: March 5, 2010 Decided: March 18, 2010 Before MICHAEL, KING, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. William Jasper Goodman, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: William district court's Jasper order Goodman, 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). We have independently reviewed the record and conclude that Goodman has not made the requisite showing. Accordingly, we deny his motions for a certificate of appealability and for appointment of counsel, and we dismiss the 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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