U.S. Court of Appeals for the Fourth Circuit, 2002

United States v. Matthews

U.S. Court of Appeals for the Fourth Circuit · Decided July 31, 2002 · Wilkins, Motz, Traxler

42 F. App'x 583

Opinion

PER CURIAM.

Clinton S. Matthews seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2002). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. * United States v. Matthews, Nos. CR-98-66-A; CA-01-460-2 (E.D.Va. July 17, 2001). 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.

Additionally, we find that the district court's sua sponte dismissal of Matthews’ motion does not implicate Hill v. Braxton, 277 F.3d 701, 707 (4th Cir. 2002), as Matthews failed to offer a valid basis that would justify either reliance on a later starting point in 28 U.S.C.A. § 2244(d)(1) (West Supp. 2002), or equitable tolling, thereby salvaging his otherwise untimely petition.

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