UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6557
MARK A. COLBURN,
Petitioner - Appellant,
versus
SIDNEY HARKLEROAD, Superintendant; THEODIS
BECK, Secretary of Corrections,
Respondents - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Bryson City. Graham C. Mullen,
Chief District Judge. (CA-04-29-2-MU)
Submitted: September 16, 2004 Decided: September 21, 2004
Before LUTTIG, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mark A. Colburn, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mark A. Colburn seeks to appeal from the district court’s
order dismissing as untimely his petition filed under 28 U.S.C.
§ 2254 (2000). An appeal may not be taken from the final order in
a § 2254 proceeding unless a circuit justice or judge issues a
certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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, 336-38 (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 Colburn has not made the requisite
showing. Accordingly, although we grant Colburn’s motion to file
an addendum to his brief, we deny his motion for appointment of
counsel, 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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