U.S. Court of Appeals for the Fourth Circuit, 2004

Kessler v. Boyette

Kessler v. Boyette
U.S. Court of Appeals for the Fourth Circuit · Decided September 15, 2004 · Luttig, Michael, Motz, Per Curiam
109 F. App'x 538

Kessler v. Boyette

Opinion

PER CURIAM.

Russell Brent Kessler, Jr., seeks to appeal the district court’s order granting the Government’s motion to dismiss Kessler’s 28 U.S.C. § 2254 (2000) petition as time-barred. 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 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, 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 Kessler has not made the requisite showing. Accordingly, we deny Kessler’s motion for a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal con *539 tentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

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