UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6963
JOHNATHAN CRAIG,
Petitioner - Appellant,
v.
LORETTA KELLY, Warden,
Respondent – Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:07-CV-00464-GBL-TCB)
Submitted: October 14, 2008 Decided: October 17, 2008
Before KING, GREGORY, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Johnathan Craig, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Johnathan Craig seeks to appeal the district court’s
order denying his motion for reconsideration of its 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); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004).
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 Craig has not made the requisite showing.
Accordingly, we deny a certificate of appealability, deny his
motion under Fed. R. Civ. P. 60(b), 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
2