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  • Williams v. Jones, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit dismissed Percy Allen Williams, Jr.'s appeal of the district court's order dismissing his 28 U.S.C. § 2254 petition as untimely. The court issued a per curiam opinion stating that a certificate of appealability is required to appeal the dismissal of a § 2254 petition, and Williams had not made the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied a certificate of appealability, dismissed the appeal, and denied Williams' motions for appointment of counsel and for bail or injunctive relief pending appeal.

    Original Description:

    Filed: 2009-10-27 Precedential Status: Non-Precedential Docket: 09-7130

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    The United States Court of Appeals for the Fourth Circuit dismissed Percy Allen Williams, Jr.'s appeal of the district court's order dismissing his 28 U.S.C. § 2254 petition as untimely. The court issued a per curiam opinion stating that a certificate of appealability is required to appeal the dismissal of a § 2254 petition, and Williams had not made the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied a certificate of appealability, dismissed the appeal, and denied Williams' motions for appointment of counsel and for bail or injunctive relief pending appeal.

    Copyright:

    Public Domain
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    0 views2 pages

    Williams v. Jones, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Percy Allen Williams, Jr.'s appeal of the district court's order dismissing his 28 U.S.C. § 2254 petition as untimely. The court issued a per curiam opinion stating that a certificate of appealability is required to appeal the dismissal of a § 2254 petition, and Williams had not made the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied a certificate of appealability, dismissed the appeal, and denied Williams' motions for appointment of counsel and for bail or injunctive relief pending appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-7130

    PERCY ALLEN WILLIAMS, JR.,


    Petitioner - Appellant,
    v.
    ROBERT JONES,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.
    Graham C. Mullen,
    Senior District Judge. (3:09-cv-00006-GCM)

    Submitted:

    October 20, 2009

    Before TRAXLER, Chief Judge,


    HAMILTON, Senior Circuit Judge.

    Decided:

    NIEMEYER,

    October 27, 2009

    Circuit

    Judge,

    and

    Dismissed by unpublished per curiam opinion.

    Percy Allen Williams, Jr., Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Percy
    district

    Allen

    courts

    Williams,

    order

    Jr.,

    seeks

    as

    untimely

    dismissing

    2254 (2006) petition.

    to

    appeal

    his

    28

    the

    U.S.C.

    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
    prisoner
    reasonable

    right.

    satisfies
    jurists

    constitutional

    28

    U.S.C.

    this

    standard

    would

    claims

    2253(c)(2)

    by

    find
    the

    that

    district

    by
    any

    (2006).

    demonstrating
    assessment

    court

    is

    A
    that

    of

    the

    debatable

    or

    wrong and that any dispositive procedural ruling by the district


    Miller-El v. Cockrell, 537 U.S.

    court is likewise debatable.

    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

    Williams

    reviewed

    the

    record

    and

    has not made the requisite showing.

    conclude

    that

    Accordingly, we deny a

    certificate of appealability and dismiss the appeal.

    We also

    deny Williams motion for appointment of counsel and deny, as


    moot, his motions for bail or release pending appeal and for
    injunctive

    relief

    pending

    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
    2

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