Darrell Young v. Larry Dail, No. 08-7945 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7945 DARRELL LEE YOUNG, Petitioner - Appellant, v. LARRY DAIL, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:08-cv-00087-GCM) Submitted: February 19, 2009 Decided: February 25, 2009 Before WILKINSON, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Darrell Lee Young, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Darrell Lee Young seeks to appeal the district court s order dismissing his untimely filed. 28 U.S.C. § 2254 (2000) petition The order is not appealable unless a circuit justice or judge issues a certificate of appealability. U.S.C. § 2253(c)(1) (2006). not issue absent constitutional prisoner a right. jurists constitutional 28 this would claims by See 28 A certificate of appealability will substantial satisfies reasonable as showing U.S.C. the the denial § 2253(c)(2) standard find of by that district of (2006). A demonstrating any assessment court is a that of the debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. See 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 Young has not made the requisite showing. certificate dispense of with appealability oral argument and Accordingly, we deny a dismiss because the the appeal. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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