Roy F. Hillberry, Ii v. Shawn Straughn

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

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

-- 2 of 2 --