Lawrence v. Sutton

U.S. Court of Appeals for the Fourth Circuit
Lawrence v. Sutton, 271 F. App'x 316 (4th Cir. 2008)

Lawrence v. Sutton

Opinion

PER CURIAM:

Milton Leroy Lawrence seeks to appeal the district court’s orders dismissing as untimely his 28 U.S.C. § 2254 (2000) petition and denying his motions for reconsideration and for a certifícate of appealability. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1) (2000). A certificate of ap-pealability 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. See Miller-El v. Cock-rell, 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Lawrence 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.

Reference

Full Case Name
Milton Leroy LAWRENCE, Petitioner-Appellant, v. Ernest R. SUTTON, Respondent-Appellee, and State of North Carolina, Respondent
Status
Unpublished