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Colosi v. Johnson, 4th Cir. (2009)
Colosi v. Johnson, 4th Cir. (2009)
No. 09-6610
Director
of
the
Virginia
Department
of
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (2:06-cv-00033-JBF-TEM)
Submitted:
Decided:
PER CURIAM:
Stephano
Colosi,
Jr.
seeks
to
appeal
the
district
courts orders entered on February 24, 2009, and March 20, 2009,
denying his post-judgment motions in his 28 U.S.C. 2254 (2006)
action.
absent
constitutional
prisoner
substantial
right.
satisfies
reasonable
jurists
constitutional
28
this
would
claims
by
showing
U.S.C.
the
the
denial
2253(c)(2)
standard
find
of
by
that
district
any
of
(2006).
demonstrating
assessment
court
is
a
A
that
of
debatable
the
or
U.S. 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
24,
2008
order
denying
his
motion
to
set
aside
the
This
Browder v.
Dir., Dept of Corr., 434 U.S. 257, 264 (1978) (quoting United
States v. Robinson, 361 U.S. 220, 229 (1960)).
The district courts order was entered on the docket
on
April
24,
2008.
On
August
8,
2008,
the
district
court
Rather, he
the start of the appeal period from the August 8, 2008 order
until the motions were disposed, the motions did not have the
same effect upon the April 24, 2008 order because the motions
were filed beyond the ten-day period as to that order.
R. Civ. P. 4(a)(4).
See Fed.
notice of appeal from the April 24, 2008 order, we do not have
jurisdiction to review that order.
Accordingly,
and dismiss the appeal.
we
deny
certificate
of
appealability
before
the
court
and
argument
would
not
aid
the
decisional process.
DISMISSED