U.S. Court of Appeals for the Fourth Circuit, 2005

Giles v. Director of Virginia Department of Corrections

Giles v. Director of Virginia Department of Corrections
U.S. Court of Appeals for the Fourth Circuit · Decided January 26, 2005 · Wilkinson, Michael, Shedd
120 F. App'x 455

Giles v. Director of Virginia Department of Corrections

Opinion

PER CURIAM.

Troy Dewayne Giles seeks to appeal the magistrate judge’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 habeas corpus 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 for claims addressed by a district court 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 *456 Cir. 2001). We have independently reviewed the record and conclude that Giles 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

*

The parties consented to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c) (2000).

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