United States v. Therrien , 353 F. App'x 821 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7493
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
KENNETH CHARLES THERRIEN, JR.,
Defendant – Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry F. Floyd, District Judge.
(6:07-cr-00021-HFF-1; 6:09-cv-70061-HFF)
Submitted: November 19, 2009 Decided: December 3, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kenneth Charles Therrien, Jr., Appellant Pro Se. Alan Lance
Crick, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Charles Therrien, Jr., seeks to appeal the
district court’s order dismissing as untimely his 28 U.S.C.A.
§ 2255 (West Supp. 2009) motion. 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)
(2006). 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 (2000);
Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have
independently reviewed the record and conclude that Therrien has
not made the requisite showing. Accordingly, we deny Therrien’s
motion for a certificate of appealability, dismiss the appeal,
and deny his motion for extension of time to supplement his
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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