Rose v. Lee , 260 F. App'x 548 ( 2007 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 07-7014
    CLAUDE LINDEN ROSE,
    Petitioner - Appellant,
    versus
    JACK   LEE,   Superintendent,    Middle     River
    Regional Jail,
    Respondent - Appellee.
    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.   Jackson L. Kiser, Senior
    District Judge. (7:06-cv-00471-JLK)
    Submitted:   December 13, 2007            Decided:   December 19, 2007
    Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Claude Linden Rose, Appellant Pro Se. Leah Ann Darron, Assistant
    Attorney General, Richmond, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Claude Linden Rose 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      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 that Rose has not
    made the requisite showing. Accordingly, we deny Rose’s motion for
    appointment of counsel, 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: 07-7014

Citation Numbers: 260 F. App'x 548

Judges: Niemeyer, Motz, Shedd

Filed Date: 12/19/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024