Alvin Gregory v. Michael Coleman

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:02-cv-00472. Copies to all parties and the district court/agency. [998392586] [10-6518]

Alvin Gregory v. Michael Coleman

Doc. 0

Case: 10-6518 Document: 8

Date Filed: 08/02/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6518 ALVIN LEE GREGORY, Petitioner - Appellant, v. MICHAEL V. COLEMAN, Acting Warden, Mount Olive Correctional Complex, Respondent - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. David A. Faber, Senior District Judge. (5:02-cv-00472) Submitted: July 22, 2010 Decided: August 2, 2010

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Alvin Lee Gregory, Appellant Pro Se. Houdyschell, Jr., WEST VIRGINIA DIVISION Charleston, West Virginia, for Appellee. Charles Patrick OF CORRECTIONS,

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-6518 Document: 8

Date Filed: 08/02/2010

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PER CURIAM: Alvin Lee Gregory, a state prisoner, seeks to appeal the district court's and a order file denying relief on The or his motions is to not a A "a

vacate

judgment

objections. justice

order

appealable

unless

circuit

judge

issues

certificate of appealability. certificate of appealability

28 U.S.C. § 2253(c)(1) (2006). will not issue absent

substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2006). relief on the merits, that a When the district court denies satisfies would this standard that claims 473, by the is 484

prisoner

demonstrating district debatable

reasonable of v.

jurists the

find

court's or

assessment Slack

constitutional 529 U.S.

wrong.

McDaniel,

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. at 484-85. that We have independently has not made reviewed the Slack, 529 U.S. the record and

conclude

Gregory

requisite

showing.

Gregory sought to orders (1) construing his 2010) petition as a 28 dismissing it as untimely,

challenge the district court's prior 28 U.S.C.A. § 2241 (West 2006 & Supp. U.S.C. § 2254 (2006) petition and and (2) denying reconsideration. 2

Case: 10-6518 Document: 8

Date Filed: 08/02/2010

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Accordingly, we deny a certificate of appealability and 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

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