UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6535
FRANK M. CONNELL, JR.,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director of the Department
of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CA-01-806)
Submitted: July 21, 2004 Decided: August 18, 2004
Before WILLIAMS, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frank M. Connell, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Frank M. Connell, Jr., seeks to appeal the district
court’s order denying as untimely his motion for relief from
judgment, filed pursuant to Fed. R. Civ. P. 60(b). An appeal may
not be taken from the final order in a habeas corpus proceeding
unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1) (2000). The certificate of
appealability requirement applies to an order denying a motion
under Rule 60(b). See Reid v. Angelone, 369 F.3d 363 (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 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 Connell 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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