USCA4 Appeal: 23-6999 Doc: 12 Filed: 05/15/2024 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6999

ROY F. HILLBERRY, II, Petitioner - Appellant, v. SHAWN STRAUGHN, Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:23-cv-00125-JPB-JPM)

Submitted: April 30, 2024 Decided: May 15, 2024

Before NIEMEYER and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Roy Franklin Hillberry, II, Appellant Pro Se. Lindsay Sara See, Michael Ray Williams, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6999 Doc: 12 Filed: 05/15/2024 Pg: 2 of 2

PER CURIAM: Roy F. Hillberry, II, appeals the district court’s order dismissing his 28 U.S.C. § 2254 petition as untimely. The district court granted a certificate of appealability. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order. Hillberry v. Straughn, No. 5:23-cv-00125-JPB-JPM (N.D. W.Va. Sept. 7, 2023). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED