194 F. App'x 112

Tammie Lee THOMPSON, Petitioner—Appellant, v. L.M. SOLOMON, Respondent—Appellee.

No. 06-6518.

United States Court of Appeals, Fourth Circuit.

Submitted: Aug. 2, 2006.

Decided: Aug. 17, 2006.

*113Tammie Lee Thompson, Appellant Pro Se. Mary Carla Hollis, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before WILKINSON, NIEMEYER, 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Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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:

Tammie Lee Thompson 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 mil 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, 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 record and conclude that Thompson 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.

Thompson v. Solomon
194 F. App'x 112

Case Details

Name
Thompson v. Solomon
Decision Date
Aug 17, 2006
Citations

194 F. App'x 112

Jurisdiction
United States

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