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124 F. App'x 787

King v. Young

U.S. Courts of Appeals

Decided March 29, 2005

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U.S. Courts of Appeals · decided 2005-03-29

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Slack v. McDaniel · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Rose v. Lee

Dismissed by unpublished per curiam opinion · Decided 2005-03-29

PER CURIAM:

¶1 Shawn Conoray King, a state prisoner, seeks to appeal the district court’s order denying as untimely his 28 U.S.C. § 2254 (2000) petition. This order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1); see Reid v. Angelone, 369 F.3d 363, 368-69, 374 n. 7 (4th Cir.2004). 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 the district court’s assessment of his constitutional claims is debatable and that any dispositive procedural findings by the district court are also debatable or wrong. See 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 (4th Cir.2001).

¶2 We have independently reviewed the record and conclude that King has not shown the district court’s procedural ruling to be debatable or wrong. * 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 eourt and argument would not aid the decisional process.

¶3 DISMISSED

*

¶4 In fact, King does not even challenge the court’s finding of untimeliness on appeal.

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