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

Schneider v. Anthony

Schneider v. Anthony
U.S. Court of Appeals for the Fourth Circuit · Decided March 30, 2005 · Widener, Gregory, Hamilton
124 F. App'x 796

Schneider v. Anthony

Opinion

PER CURIAM:

James F. Schneider, a state prisoner, seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying his 28 U.S.C. § 2254 (2000) petition as untimely. This order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1); see Reid v. Angelone, 369 F.3d 363, 368-69, 374 n. 7 (4th Cir. 2004). 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 the district court’s assessment of his constitutional claims is debatable and that any dispositive procedural findings 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).

*797 We have independently reviewed the record and conclude that Schneider has not shown the district court’s finding of untimeliness to be debatable or wrong. * 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

*

Schneider does not challenge the court’s finding of untimeliness on appeal.

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