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

Sprouse v. Warden, Brunswick Correctional Center

Sprouse v. Warden, Brunswick Correctional Center
U.S. Court of Appeals for the Fourth Circuit · Decided May 18, 2005 · Traxler, King, Shedd
131 F. App'x 923

Sprouse v. Warden, Brunswick Correctional Center

Opinion

PER CURIAM:

Donald Sprouse, Jr., seeks to appeal the district court’s orders dismissing as untimely his petition filed under 28 U.S.C. § 2254 (2000). 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 constitution-

*924 al 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 the constitutional claims is debatable or wrong and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336-38, 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). We have independently reviewed the record and conclude that Sprouse has not made the requisite showing. Accordingly, we deny a certificate of .appealability, deny Sprouse’s motion to compel, 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

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