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

Hall v. True

Hall v. True
U.S. Court of Appeals for the Fourth Circuit · Decided May 26, 2005 · Luttig, Motz, Gregory
132 F. App'x 454

Hall v. True

Opinion

PER CURIAM.

Urishiman Hall seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2000) as untimely. 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 Cir. 2001). We have independently reviewed the record and conclude that Hall 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 *455 and argument would not aid the decisional process.

DISMISSED

Case-law data current through December 31, 2025. Source: CourtListener bulk data.