UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7973
JACKIE RICHARDSON,
Petitioner - Appellant,
versus
COLIE L. RUSHTON, Warden; JON OZMINT,
Director, SC Dept of Corrections; HENRY DARGAN
MCMASTER, Attorney General of SC,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Henry F. Floyd, District Judge.
(CA-03-3771-26BD)
Submitted: July 20, 2005 Decided: August 4, 2005
Before WILLIAMS, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jackie Richardson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jackie Richardson, a state prisoner, seeks to appeal the
district court’s order adopting the report and recommendation of
the magistrate judge and dismissing his petition filed under 28
U.S.C. § 2254 (2000) as time-barred under 28 U.S.C. § 2244(d)(1)
(2000). The order is not appealable 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 (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 Richardson 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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