Jason A. Copson, a/k/a Scott E. Berry v. Virginia Parole Board

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JASON A. COPSON, a/k/a Scott E.
Berry,
Petitioner-Appellant,
No. 98-7832
v.
VIRGINIA PAROLE BOARD,
Respondent-Appellee.
Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
T.S. Ellis, III, District Judge.
(CA-98-1388-AM)
Submitted: May 31, 2000
Decided: September 12, 2000
Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.
_________________________________________________________________
Vacated and remanded by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
Jason A. Copson, Appellant Pro Se.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Jason Copson appeals the district court's order dismissing as
untimely a pro se petition that he labeled as filed under 28 U.S.C.A.
§ 2254 (West 1994 & Supp. 2000). We find that the court should have
construed Copson's petition as one filed under 28 U.S.C. § 2241
(West 1994). Because § 2241 petitions are not subject to the one-year
time limitation period prescribed by 28 U.S.C.A.§ 2244(d)(1) (West
1994 & Supp. 2000), we conclude the district court erroneously dis-
missed Copson's petition as untimely filed. Because reasonable jurists
would find it debatable whether Copson made a substantial showing
of the a denial of a constitutional right in his§ 2241 petition, we grant
a certificate of appealability as to whether Copson was deprived of
due process in the execution of his sentence. See Slack v. McDaniel,
120 S. Ct. 1595 (2000); 28 U.S.C.A. § 2253(c) (West Supp. 2000).
We further vacate the district court's order and remand the case for
the court to consider the merits of Copson's claims under § 2241. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and argu-
ment would not aid the decisional process.
VACATED AND REMANDED
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