Dobson v. Bassett

U.S. Court of Appeals for the Fourth Circuit
Dobson v. Bassett, 122 F. App'x 33 (4th Cir. 2005)

Dobson v. Bassett

Opinion

*34 PER CURIAM:

Michael Dobson 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 § 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, 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 Dobson 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).

Reference

Full Case Name
Michael DOBSON, Petitioner—Appellant, v. K.J. BASSETT, Warden, Keen Mountain Correctional Center, Respondent—Appellee
Status
Unpublished