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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7311 RODNEY L. FULLER, Petitioner – Appellant, v. LORETTA KELLY, Warden, Defendant – Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:09-cv-00117-sgw-mfu) Submitted: December 14, 2009 Decided: December 29, 2009 Before MOTZ, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Rodney L. Fuller, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rodney L. Fuller seeks to appeal the district court’s order dismissing as untimely his
28 U.S.C. § 2254(2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See
28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. See Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Fuller has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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 2
Document Info
Docket Number: 09-7311
Citation Numbers: 358 F. App'x 438
Judges: Motz, King, Duncan
Filed Date: 12/29/2009
Precedential Status: Non-Precedential
Modified Date: 11/5/2024