Professional Documents
Culture Documents
No. 13-6644
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:13-hc-02063-BO)
Submitted:
Decided:
October 4, 2013
PER CURIAM:
Tony
Ricardo
Williams
seeks
to
appeal
the
district
of
his
2254
petition
after
Williams
filed
judge
circuit
justice
appealability.
or
issues
certificate
of
A certificate
28 U.S.C. 2253(c)(2)
jurists
would
find
that
the
district
courts
requisite
showing
for
certificate
of
appealability.
See Wolfe v. Clarke, 718 F.3d 277, 281 n.3 (4th Cir.
2013); Dixon v. Edwards, 290 F.3d 699, 709 n.14 (4th Cir. 2002).
Accordingly, we grant a certificate of appealability in part for
the purpose of modifying the district courts order to reflect
that it was without jurisdiction to consider Williams corrected
2254 petition and affirm the order as modified.
We grant Williams leave to proceed in forma pauperis
on appeal and dispense with oral argument because the facts and
legal
before
contentions
this
Court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED IN PART;
AFFIRMED IN PART