Richie Conner v. A. Hart
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
RICHIE HANSFORD CONNOR, Plaintiff - Appellant, v. A. GENE HART, Defendant Appellee.
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RICHIE HANSFORD CONNOR, Defendant - Appellant.
Appeals from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:10-cv-00017-SGW-MFU;5:07-cr-00066-SGW-MFU-1)
May 20, 2010
May 28, 2010
Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.
No. 10-6266 affirmed; No. 10-6229 dismissed by unpublished per curiam opinion.
Richie Hansford Connor, Appellant Pro Se. Jeb Thomas Terrien, Assistant United States Attorney, Harrisonburg, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: In Case No. 10-6266, Richie Hansford Conner appeals the district court's (2006) orders his dismissing action, under which 28 the U.S.C. court
considered pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and denying his motion for reconsideration. find no reversible error. We have reviewed the record and Accordingly, we affirm for the
reasons stated by the district court.
Conner v. Hart, No. 7:10-
cv-00017-SGW-MFU (W.D. Va. Jan. 14, 2010 & Feb. 3, 2010). In Case No. 10-6229, Conner seeks to appeal the
district court's order dismissing as untimely his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. unless a circuit justice or The order is not appealable issues a certificate of
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 right." (2006). prisoner reasonable 28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a satisfies jurists this would standard find that by the demonstrating district that
assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). denies relief on procedural 3 When the district court the prisoner must
debatable, and that the motion states a debatable claim of the denial of a constitutional right. We have independently reviewed the Slack, 529 U.S. at 484-85. record and conclude that
Conner has not made the requisite showing.
Accordingly, we deny
a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal before contentions the court are and adequately argument presented not in aid the the materials decisional
process. No. 10-6266 AFFIRMED No. 10-6229 DISMISSED
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