Lopez v. Solomon, No. 06-6272 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6272 BARDONIANO O. LOPEZ, Petitioner - Appellant, versus LAWRENCE M. SOLOMON, Superintendent, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:06-cv-00012) Submitted: May 16, 2006 Decided: May 23, 2006 Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Bardoniano O. Lopez, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Bardoniano Lopez seeks to appeal the district court s order denying his 28 U.S.C. § 2254 (2000) petition as untimely. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(2000). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. § 2253(c)(2) (2000). A prisoner satisfies this 28 U.S.C. standard by demonstrating that reasonable jurists would find that the district court s assessment of his constitutional claims is debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. 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 Lopez has not made the requisite showing. Accordingly, we deny a certificate of appealability, and dismiss the appeal. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED - 2 -

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