Joseph Stevens v. Douglas Vaughn, No. 08-7090 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7090 JOSEPH P. STEVENS, Petitioner - Appellant, v. DOUG VAUGHN; ATTORNEY GENERAL OF VIRGINIA, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:08-cv-00211-JCC-TCB) Submitted: November 20, 2008 Decided: November 26, 2008 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Joseph P. Stevens, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Joseph P. Stevens seeks to appeal the district court s order dismissing untimely. or judge his 28 issues absent constitutional prisoner § 2254 (2000) petition as The order is not appealable unless a circuit justice a certificate § 2253(c)(1) (2000). issue U.S.C. a substantial right. jurists constitutional appealability. 28 U.S.C. A certificate of appealability will not satisfies reasonable of 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of by that (2000). demonstrating any district of assessment court is a 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 Stevens has not made the certificate dispense of with requisite showing. appealability oral argument and Accordingly, dismiss because the the we deny appeal. facts and a 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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