Public-domain · open source
OpenJurist

142 F. App'x 184

Jackson v. Robinson

U.S. Courts of Appeals

Decided August 31, 2005

U.S. Courts of Appeals · decided 2005-08-31

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Dismissed by unpublished PER CURIAM opinion · Decided 2005-08-31

PER CURIAM:

¶1 In these consolidated cases, Trevor Jackson, a state prisoner, seeks to appeal the district court’s order and order for reconsideration accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2000) petition on the ground that it is untimely. These orders are not appealable 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 rulings 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). We have independently reviewed the record and conclude that Jackson has shown no error in the district court’s procedural ruling. 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.

¶2 DISMISSED

/142/fappx/184 · .json · Public domain