Willie Worley, Jr. v. Timothy McKoy

Filing 920100324

Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6027 WILLIE D. WORLEY, JR., Petitioner - Appellant, v. TIMOTHY MCKOY, Administrator, Franklin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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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?