Boyles v. Commonwealth of VA , 160 F. App'x 293 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7638
CHARLES E. BOYLES, JR.,
Petitioner - Appellant,
versus
COMMONWEALTH OF VIRGINIA; GENE JOHNSON,
Director of Prisons,
Respondents - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-05-75-7-JCT)
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Dismissed by unpublished per curiam opinion.
Charles E. Boyles, Jr., Appellant Pro Se. Steven Andrew Witmer,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Charles E. Boyles, Jr., seeks to appeal the district
court’s order dismissing as untimely his 28 U.S.C. § 2254 (2000)
petition. The order is not appealable 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
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 both
that the district court’s assessment of the constitutional claims
is debatable or wrong and that any dispositive procedural rulings
by the district court are also debatable or wrong. 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 Boyles
has not made the requisite showing. Accordingly, we deny Boyles’s
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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