UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6142
RANDY COOPER,
Petitioner - Appellant,
v.
THOMAS L. MCBRIDE, Mount Olive Correctional Complex,
Respondent - Appellee.
No. 08-6145
RANDY COOPER,
Petitioner - Appellant,
v.
THOMAS L. MCBRIDE, Mount Olive Correctional Complex,
Respondent - Appellee.
Appeals from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (3:07-cv-00203; 3:07-cv-00495)
Submitted: March 25, 2008 Decided: March 31, 2008
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Randy Cooper, Appellant Pro Se. Robert David Goldberg, OFFICE OF
THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Randy Cooper seeks to appeal the district court’s order
accepting a magistrate judge’s recommendation and dismissing his 28
U.S.C. § 2254 (2000) petitions as untimely filed. 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
records and conclude that Cooper has not made the requisite
showing. Accordingly, we deny a certificate of appealability and
dismiss the appeals. 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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