UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7064
ROBERT MEDLEY,
Petitioner - Appellant,
versus
DOUGLAS TAYLOR, Warden,
Respondent - Appellee.
Appeal from the United States District Court for District of South
Carolina, at Charleston. Cameron McGowan Currie, District Judge.
(2:07-cv-01401-CMC)
Submitted: January 17, 2008 Decided: January 23, 2008
Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Medley, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Medley seeks to appeal the district court’s order
dismissing as untimely his 28 U.S.C. § 2254 (2000) petition. 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 any
assessment of the constitutional claims by the district court is
debatable or wrong and that any dispositive procedural ruling by
the district court is likewise debatable. 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, 683-84 (4th Cir. 2001). We have
independently reviewed the record and conclude that Medley has not
made the requisite showing. Accordingly, although we grant
Medley’s motion to file his amended informal brief, 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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