Drye v. Keller ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7755
CHRIS DARRYL DRYE,
Petitioner – Appellant,
v.
ALVIN KELLER, JR.,
Respondent – Appellee,
and
THEODIS BECK,
Respondent.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
Jr., District Judge. (1:09-cv-00118-WO-DPD)
Submitted: March 16, 2010 Decided: March 22, 2010
Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Chris Darryl Drye, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Chris Darryl Drye seeks to appeal the district court’s
order adopting the recommendation of the magistrate judge and
dismissing as untimely his 28 U.S.C. § 2254 (2006) petition.
The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. 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.”
28 U.S.C. § 2253(c)(2). A prisoner satisfies this standard by
demonstrating that reasonable jurists would find that any
assessment of the constitutional claims by the district court is
debatable or 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, 484-85 (2000); Rose v. Lee, 252 F.3d 676, 683-84
(4th Cir. 2001). We have independently reviewed the record and
conclude that Drye has not made the requisite showing.
Accordingly, we deny a certificate of appealability, deny leave
to proceed in forma pauperis, deny Drye’s motions to appoint
counsel, for a transcript at government expense, and for
documentation of response, and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
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adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
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