UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7963
JEFFREY A. CRAWFORD,
Petitioner - Appellant,
versus
K. J. BASSETT, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-03-1506-1)
Submitted: April 28, 2005 Decided: May 5, 2005
Before WILLIAMS, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jerry C. Lyell, LAW OFFICE OF JERRY C. LYELL, Arlington, Virginia,
for Appellant. Leah Ann Darron, Assistant Attorney General,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jeffrey A. Crawford, a state prisoner, seeks to appeal
the district court’s order dismissing as untimely his petition
filed under 28 U.S.C. § 2254 (2000). This order is not appealable
unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1). 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 Crawford has not made the
requisite showing. Accordingly, we deny Crawford’s motion for 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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