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    Hall v. McBride, 4th Cir. (2008)

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    Larry D. Hall, II sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit dismissed the appeal. The court cannot issue a certificate of appealability absent a substantial showing that Hall was denied a constitutional right. However, in his informal brief, Hall failed to address the district court's finding that his § 2254 petition was untimely filed. Therefore, Hall waived appellate review of the district court's ruling. The Fourth Circuit dismissed the appeal without oral argument.

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    Hall v. McBride, 4th Cir. (2008)

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    Larry D. Hall, II sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit dismissed the appeal. The court cannot issue a certificate of appealability absent a substantial showing that Hall was denied a constitutional right. However, in his informal brief, Hall failed to address the district court's finding that his § 2254 petition was untimely filed. Therefore, Hall waived appellate review of the district court's ruling. The Fourth Circuit dismissed the appeal without oral argument.

    Original Description:

    Filed: 2008-06-03 Precedential Status: Non-Precedential Docket: 07-7723

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    Larry D. Hall, II sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit dismissed the appeal. The court cannot issue a certificate of appealability absent a substantial showing that Hall was denied a constitutional right. However, in his informal brief, Hall failed to address the district court's finding that his § 2254 petition was untimely filed. Therefore, Hall waived appellate review of the district court's ruling. The Fourth Circuit dismissed the appeal without oral argument.

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    6 views2 pages

    Hall v. McBride, 4th Cir. (2008)

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    Larry D. Hall, II sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit dismissed the appeal. The court cannot issue a certificate of appealability absent a substantial showing that Hall was denied a constitutional right. However, in his informal brief, Hall failed to address the district court's finding that his § 2254 petition was untimely filed. Therefore, Hall waived appellate review of the district court's ruling. The Fourth Circuit dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7723

    LARRY D. HALL, II,


    Petitioner - Appellant,
    v.
    THOMAS MCBRIDE, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Clarksburg. Frederick P. Stamp, Jr.,
    Senior District Judge. (1:04-cv-00256-FPS)

    Submitted:

    May 29, 2008

    Decided:

    June 3, 2008

    Before TRAXLER, GREGORY and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Larry D. Hall, II, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Larry D. Hall, II, seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his 28 U.S.C. 2254 (2000) petition.

    The order

    is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    (2000).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    this

    would

    28 U.S.C.
    standard

    find

    that

    by
    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); Rose v. Lee, 252 F.3d 676, 683-84 (4th
    Cir. 2001).

    In his informal brief, Hall has failed to address the

    district courts finding that his 2254 petition was untimely


    filed. Therefore, Hall has waived appellate review of the district
    courts ruling.

    See 4th Cir. R. 34(b); Edwards v. City of

    Goldsboro, 178 F.3d 231, 241 n.6 (4th Cir. 1999).

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense with oral

    argument

    because

    the

    facts

    and

    We

    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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