UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7395

KENNETH WAYNE CROWDER,

Petitioner – Appellant,

v.

KEITH L. DAVIS, Warden, Deerfield Correctional Center,

Respondent – Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:09-cv-00321-LO-TRJ)

Submitted: December 15, 2009 Decided: December 18, 2009

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kenneth Wayne Crowder, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Kenneth Wayne Crowder 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. See

(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. See Miller-El v. Cockrell,

(2003); Slack v. McDaniel,

(2000); Rose v. Lee,

(4th Cir. 2001).

We have independently reviewed the record and conclude that

Crowder 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

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