UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6306

LAWRENCE WAYNE PERSON,

Petitioner - Appellant,

v.

CAROLYN WALLACE, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:08-cv-00863-CMH-TCB)

Submitted: November 19, 2009 Decided: December 2, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lawrence Wayne Person, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Lawrence Wayne Person seeks to appeal the district

court’s order dismissing as untimely his

(2006)

petition. The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.

(c)(1) (2006). A certificate of appealability will not

issue absent “a substantial showing of the denial of a

constitutional right.”

(c)(2) (2006). 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. Miller-El v. Cockrell,

(2003); Slack v. McDaniel,

(2000);

Rose v. Lee,

(4th Cir. 2001). We have

independently reviewed the record and conclude that Person has

not made the requisite showing. Accordingly, we deny Person’s

motion for 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

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