Hargrove v. Overstreet , 304 F. App'x 152 ( 2008 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 08-7093
    DENISE HARGROVE,
    Petitioner - Appellant,
    v.
    LAURA OVERSTREET,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.  James C. Dever III,
    District Judge. (5:07-hc-02140-D)
    Submitted:    December 11, 2008             Decided:   December 17, 2008
    Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Denise Hargrove, Appellant Pro Se. Mary Carla Hollis, Assistant
    Attorney General, Raleigh, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Denise Hargrove seeks to appeal the district court’s
    order   dismissing       as     untimely         her     
    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       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.                 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 Hargrove 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: 08-7093

Citation Numbers: 304 F. App'x 152

Judges: Niemeyer, Duncan, Agee

Filed Date: 12/17/2008

Precedential Status: Non-Precedential

Modified Date: 11/5/2024