UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6457
RICHARD JANSEN,
Petitioner - Appellant,
versus
RONALD HUTCHINSON, Warden; JOHN JOSEPH CURRAN,
JR., Attorney,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(CA-04-137-1-CCB)
Submitted: July 15, 2004 Decided: July 21, 2004
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Richard Jansen, Appellant Pro Se. John Joseph Curran, Jr., Attorney
General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF
MARYLAND, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Richard Jansen seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2254 (2000) petition as untimely.
Jansen cannot appeal this order unless a circuit judge or justice
issues a certificate of appealability, and 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 habeas appellant meets this standard by demonstrating that
reasonable jurists would find that his constitutional claims are
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 (2003); Slack v. McDaniel, 529 U.S.
473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).
We have independently reviewed the record and conclude that Jansen
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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