Timothy Brown v. VDOC
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
TIMOTHY EUGENE BROWN, Petitioner - Appellant, v. VIRGINIA DEPARTMENT OF CORRECTIONS, Director, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony J. Trenga, District Judge. (1:10-cv-00773-AJT-JFA)
February 28, 2011
March 9, 2011
Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Timothy Eugene Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Timothy Eugene Brown seeks to appeal the district
court's order dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2006). issue absent "a
A certificate of appealability will not showing of the denial of a
28 U.S.C. § 2253(c)(2) (2006).
district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would
find that the district court's assessment of the constitutional claims is debatable or wrong. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, Cockrell, 537 U.S. 322, 336-38
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. 529 U.S. at 484-85. and conclude that Slack,
We have independently reviewed the record Brown 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 contentions are adequately presented in the materials
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