United States v. Linton ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6947
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BRIAN LINTON, a/k/a Bee,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern. Malcolm J. Howard,
District Judge. (CR-95-41-H)
Submitted: November 21, 2002 Decided: December 3, 2002
Before LUTTIG and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Brian Linton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Brian Linton, a federal prisoner, seeks to appeal the district
court’s order denying relief on the merits on his motion filed
under 28 U.S.C. § 2255 (2000). We have reviewed the record and
conclude that because Linton failed to timely file his § 2255
motion, see 28 U.S.C. § 2244(d) (2000), he is not entitled to
relief under § 2255. Moreover, we find that Linton is not entitled
to a certificate of appealability. See generally Slack v.
McDaniel, 529 U.S. 473, 484 (2000); 28 U.S.C. § 2253(c)(1) (2000).
Accordingly, we deny a certificate of appealability and dismiss the
appeal. Because the appeal presents no complex or substantial
issues, we deny Linton’s motion for appointment of counsel. 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
2