96 F. App'x 912

Theodore WATKINS, Petitioner—Appellant, v. WARDEN, NOTTOWAY CORRECTIONAL CENTER, Respondent—Appellee.

No. 04-6230.

United States Court of Appeals, Fourth Circuit.

Submitted May 13, 2004.

Decided May 19, 2004.

Theodore Watkins, Appellant pro se.

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM.

Theodore Watkins seeks to appeal the district court’s order denying as untimely his petition filed under 28 U.S.C. § 2254 (2000). The order is appealable only if 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 his constitutional claims are debatable and that any *913dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir .2001).

We have independently reviewed the record and conclude that Watkins has not made the requisite showing. Accordingly, we deny Watkins’ 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

Watkins v. Warden
96 F. App'x 912

Case Details

Name
Watkins v. Warden
Decision Date
May 19, 2004
Citations

96 F. App'x 912

Jurisdiction
United States

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