Clements v. Johnson , 280 F. App'x 314 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7184
ROBERT STANLEY CLEMENTS,
Petitioner - Appellant,
versus
GENE JOHNSON, Director, Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:07-cv-00177-JLK)
Submitted: December 14, 2007 Decided: June 6, 2008
Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Stanley Clements, Appellant Pro Se. Karri B. Atwood, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Stanley Clements seeks to appeal the district
court’s order dismissing his 28 U.S.C. § 2254 (2000) petition as
untimely. The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. See 28 U.S.C.
§ 2253(c)(1) (2000). 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) (2000). 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
Clements has not made the requisite showing. Accordingly, we deny
Clements’ motion for 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
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