Pullum v. Com VA Dept Corr

U.S. Court of Appeals for the Fourth Circuit
Pullum v. Com VA Dept Corr, 117 F. App'x 877 (4th Cir. 2004)

Pullum v. Com VA Dept Corr

Opinion

PER CURIAM.

Kenneth Pullum, a state prisoner, seeks to appeal the district court’s orders dismissing as untimely his petition filed under 28 U.S.C. § 2254 (2000), and denying reconsideration. The orders are 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 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 Pullum 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.

Reference

Full Case Name
Kenneth PULLUM, Petitioner—Appellant, v. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CORRECTIONS, Respondent—Appellee
Status
Unpublished