Willie Worley, Jr. v. Timothy McKoy

Filing 920100324

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6027

WILLIE D. WORLEY, JR., Petitioner - Appellant, v. TIMOTHY MCKOY, Administrator, Franklin Correctional Center, 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-00484-GCM)

Submitted:

March 16, 2010

Decided:

March 24, 2010

Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Willie D. Worley, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Willie D. Worley, Jr., seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. § 2254 (2006) motion. judge The order is not appealable unless a circuit justice or 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). informal brief, Worley has failed to address the In his district

court's finding that his § 2254 petition was untimely filed. Therefore, Worley has forfeited appellate review of the district court's ruling. certificate dispense of See 4th Cir. R. 34(b). appealability oral argument and Accordingly, we deny a the appeal. and We legal

dismiss the

with

because

facts

2

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

3