103 F. App'x 773

Terrance Ronell PLUMMER, Petitioner-Appellant, v. WARDEN, WALLENS RIDGE STATE PRISON, Respondent-Appellee.

No. 04-6376.

United States Court of Appeals, Fourth Circuit.

Submitted: July 29, 2004.

Decided: Aug. 4, 2004.

Terrance Ronell Plummer, Appellant pro se.

Before LUTTIG, MICHAEL, and DUNCAN, Circuit Judges.

*774Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Terrance Ronell Plummer seeks to appeal from the district court’s order dismissing as untimely his petition filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken from the final order in a § 2254 proceeding 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 his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See 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 (4th Cir.2001). We have independently reviewed the record and conclude that Plummer 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

Plummer v. Warden, Wallens Ridge State Prison
103 F. App'x 773

Case Details

Name
Plummer v. Warden, Wallens Ridge State Prison
Decision Date
Aug 4, 2004
Citations

103 F. App'x 773

Jurisdiction
United States

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