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353 F. App'x 821

United States v. Therrien

U.S. Courts of Appeals

Decided December 3, 2009

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U.S. Courts of Appeals · decided 2009-12-03

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (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

Decided 2009-12-03

¶1 Dismissed by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3 Kenneth Charles Therrien, Jr., seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C.A. § 2255 (West Supp.2009) motion. The order is not ap-pealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). 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) (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 disposi-tive procedural ruling by the district court 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 Therrien has not made the requisite showing. Accordingly, we deny Therrien’s motion for a certificate of ap-pealability, dismiss the appeal, and deny his motion for extension of time to supplement his appeal. We dispense with oral argument because the facts and legal con *822 tentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶4 DISMISSED.

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