272 F. App'x 298

Randy COOPER, Petitioner-Appellant, v. Thomas L. McBRIDE, Mount Olive Correctional Complex, Respondent-Appellee. Randy Cooper, Petitioner-Appellant, v. Thomas L. McBride, Mount Olive Correctional Complex, Respondent-Appellee.

Nos. 08-6142, 08-6145.

United States Court of Appeals, Fourth Circuit.

Submitted: March 25, 2008.

Decided: March 31, 2008.

Randy Cooper, Appellant Pro Se. Robert David Goldberg, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellee.

Before MOTZ, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*299PER CURIAM:

Randy Cooper seeks to appeal the district court’s order accepting a magistrate judge’s recommendation and dismissing his 28 U.S.C. § 2254 (2000) petitions as untimely filed. The order is not appeal-able 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 dis-positive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 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, 683-84 (4th Cir.2001). We have independently reviewed the records and conclude that Cooper has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeals. 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.

Cooper v. McBride
272 F. App'x 298

Case Details

Name
Cooper v. McBride
Decision Date
Mar 31, 2008
Citations

272 F. App'x 298

Jurisdiction
United States

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