Sings v. Weisner , 161 F. App'x 237 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7491
STEPHEN SINGS,
Petitioner - Appellant,
versus
REGGIE WEISNER,
Respondent - Appellee.
Appeal from the United States District Court for the Western of
North Carolina, at Charlotte. Graham C. Mullen, Chief District
Judge. (CA-05-110-3)
Submitted: December 15, 2005 Decided: December 22, 2005
Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Stephen Sings, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Stephen Sings, a North Carolina prisoner, seeks to appeal
the district court’s order dismissing his petition filed under 28
U.S.C. § 2254 (2000) as untimely under the Antiterrorism and
Effective Death Penalty Act of 1996. An appeal may not be taken
from the final order in a § 2254 proceeding unless a circuit
justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000). A certificate of appealability will not issue
for claims addressed by a district court absent “a substantial
showing of the denial of a constitutional right.” 28 U.S.C.
§ 2253(c)(2) (2000). A prisoner satisfies this standard by
demonstrating that the district court’s assessment of his
constitutional claims is debatable or wrong and that any
dispositive procedural rulings by the district court are also
debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336
(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed
the record and conclude that Sings has not made the requisite
showing. Accordingly, we deny his motion for a certificate of
appealability and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
- 2 -
presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
- 3 -