UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7630
DAVID HARRISON,
Petitioner - Appellant,
versus
STATE OF SOUTH CAROLINA; HENRY MCMASTER,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry F. Floyd, District Judge.
(CA-03-1423-8-26-BI)
Submitted: March 30, 2005 Decided: April 13, 2005
Before WILLIAMS, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Harrison, Appellant Pro Se. Donald John Zelenka, Chief Deputy
Attorney General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
On August 19, 2004, this court denied a certificate of
appealability and dismissed David Harrison’s appeal of a district
court order denying his petition for writ of habeas corpus.
See Harrison v. South Carolina, No. 04-6489 (4th Cir. Aug. 19,
2004) (unpublished). Following the issuance of this court’s
opinion, Harrison filed a motion for a certificate of appealability
in the district court. The district court noted this court’s
adjudication of Harrison’s appeal and denied the motion on
October 18, 2004. The clerk of the district court then filed
Harrison’s motion for a certificate of appealability as a notice of
appeal and forwarded the record to this court. Harrison has filed
an informal brief requesting a certificate of appealability.
To the extent Harrison seeks a certificate of
appealability, the court has previously considered this request and
denied it. Accordingly, we decline to consider the request, as it
is duplicative. To the extent Harrison’s motion could possibly be
construed as a notice of appeal, such notice would clearly be
untimely. See Fed. R. App. P. 4(a). Accordingly, we dismiss the
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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