UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6746
WAKEEL ABDUL-SABUR,
Petitioner - Appellant,
v.
COMMONWEALTH OF VIRGINIA,
Respondent – Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior
District Judge. (7:08-cv-00230-JCT-MFU)
Submitted: October 23, 2008 Decided: November 14, 2008
Before MICHAEL and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Wakeel Abdul-Sabur, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Wakeel Abdul-Sabur 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 Abdul-Sabur
has not made the requisite showing. Accordingly, we deny Abdul-
Sabur’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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