Hall v. McBride , 279 F. App'x 198 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7723
LARRY D. HALL, II,
Petitioner - Appellant,
v.
THOMAS MCBRIDE, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Frederick P. Stamp, Jr.,
Senior District Judge. (1:04-cv-00256-FPS)
Submitted: May 29, 2008 Decided: June 3, 2008
Before TRAXLER, GREGORY and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Larry D. Hall, II, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry D. Hall, II, seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on 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); Rose v. Lee, 252 F.3d 676, 683-84 (4th
Cir. 2001). In his informal brief, Hall has failed to address the
district court’s finding that his § 2254 petition was untimely
filed. Therefore, Hall has waived appellate review of the district
court’s ruling. See 4th Cir. R. 34(b); Edwards v. City of
Goldsboro, 178 F.3d 231, 241 n.6 (4th Cir. 1999). 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
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