Dennis Lee Perry v. Lack, 487 U.S. 266 1988 . 2 PER CURIAM: Dennis Lee Perry seeks to appeal the…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7099
DENNIS LEE PERRY,
Petitioner - Appellant,
versus
WILLIAM D. CATOE; STATE OF SOUTH CAROLINA;
CHARLES M. CONDON, South Carolina Attorney
General,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. G. Ross Anderson, Jr., District
Judge. (CA-01-313-7-13BG)
Submitted: September 6, 2001 Decided: September 18, 2001
Before WIDENER, WILLIAMS, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dennis Lee Perry, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* We have accorded Perry the benefit of Houston v. Lack, 487
U.S. 266 (1988).
2
PER CURIAM:
Dennis Lee Perry seeks to appeal the district court’s order
denying relief on his petition filed under 28 U.S.C.A. § 2254 (West
1994 & Supp. 2000). Although Perry’s § 2254 petition was untimely,
the district court denied relief for failure to exhaust state
remedies. Because Perry’s § 2254 was filed outside the applicable
one-year limitations period, we deny a certificate of appealability
and dismiss the appeal for that reason. See Hernandez v. Caldwell,
225 F.3d 435, 439 (4th Cir. 2000). Under Hernandez, Perry had
until April 24, 1997 to file his § 2254 petition, and he did not
file until January 21, 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

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