U.S. Court of Appeals for the Fourth Circuit, 2008

Hunter v. Johnson

Hunter v. Johnson
U.S. Court of Appeals for the Fourth Circuit · Decided October 24, 2008 · Michael, Traxler, Duncan
297 F. App'x 243

Hunter v. Johnson

Opinion

PER CURIAM:

Marcus Hunter seeks to appeal the magistrate judge’s order dismissing his 28 U.S.C. § 2254 (2000) petition as untimely. * The order is not appealable 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 magistrate judge is debatable or wrong and that any dispositive procedural ruling by the magistrate judge 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 record and conclude that Hunter has not made the requisite showing. *244 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.

*

This case was decided by the magistrate judge upon consent of the parties under 28 U.S.C. § 636(c) (2000) and Fed.R.Civ.P. 73.

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