Cooper v. McBride

U.S. Court of Appeals for the Fourth Circuit
Cooper v. McBride, 272 F. App'x 298 (4th Cir. 2008)

Cooper v. McBride

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*299 PER CURIAM:

Randy Cooper seeks to appeal the district court’s order accepting a magistrate judge’s recommendation and dismissing his 28 U.S.C. § 2254 (2000) petitions as untimely filed. The order is 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 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 dis-positive procedural ruling by the district court is likewise debatable. 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, 683-84 (4th Cir. 2001). We have independently reviewed the records and conclude that Cooper has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeals. 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
Randy COOPER, Petitioner-Appellant, v. Thomas L. McBRIDE, Mount Olive Correctional Complex, Respondent-Appellee. Randy Cooper, Petitioner-Appellant, v. Thomas L. McBride, Mount Olive Correctional Complex, Respondent-Appellee
Status
Unpublished