Vernon Owens v. Wayne Talbert, No. 09-7167 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7167 VERNON R. OWENS, Petitioner - Appellant, v. WAYNE TALBERT, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:08-hc-02053-H) Submitted: September 30, 2009 Decided: October 20, 2009 Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Vernon R. Owens, Appellant Pro Se. Mary Carla Hollis, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Vernon R. Owens seeks to appeal the district court s order dismissing petition. or judge as untimely issues absent constitutional prisoner reasonable 28 U.S.C. § 2254 (2006) The order is not appealable unless a circuit justice a certificate § 2253(c)(1) (2006). issue his a substantial right. jurists appealability. 28 U.S.C. A certificate of appealability will not satisfies constitutional of 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of that district by 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. 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 Owens has not made the requisite showing. Accordingly, we deny his motion for a certificate of appealability and dismiss the appeal. dispense with oral argument because the 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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