Professional Documents
Culture Documents
Tommy Harris, Jr. v. Lewis Smith, 4th Cir. (2013)
Tommy Harris, Jr. v. Lewis Smith, 4th Cir. (2013)
No. 13-7187
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville.
Frank D. Whitney,
Chief District Judge. (1:13-cv-00182-FDW)
Submitted:
Decided:
PER CURIAM:
Tommy Wayne Harris, Jr., seeks to appeal the district
courts order dismissing as untimely his 28 U.S.C. 2254 (2006)
petition.
or
judge
issues
certificate
2253(c)(1)(A) (2006).
issue
absent
appealability.
28
U.S.C.
substantial
constitutional right.
of
showing
of
the
denial
of
When the
standard
by
demonstrating
that
reasonable
jurists
would
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
Slack,
we
would
not
find
debatable
district
courts
As the
the
In any
to
toll
U.S.C. 2244.
2000).
the
one-year
statute
of
limitations
under
28
September 16, 2009, but he did not do so until June 27, 2013.
Therefore, even if we reached the issue, we would agree with the
district courts conclusion that Harris 2254 petition was
untimely.
Accordingly, we deny a certificate of appealability,
deny leave to proceed in forma pauperis, and dismiss the appeal.
We
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
DISMISSED