Rodney Fuller v. Loretta Kelly, No. 09-7311 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7311 RODNEY L. FULLER, Petitioner Appellant, v. LORETTA KELLY, Warden, Defendant Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:09-cv-00117-sgw-mfu) Submitted: December 14, 2009 Decided: December 29, 2009 Before MOTZ, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Rodney L. Fuller, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rodney L. Fuller seeks to appeal the district court s order dismissing petition. as untimely his 28 U.S.C. § 2254 The order is not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1) (2006). issue (2006) absent constitutional prisoner a A certificate of appealability will not substantial right. satisfies reasonable jurists constitutional See 28 U.S.C. 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of by that (2006). 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 See 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 Fuller has not made the requisite showing. a certificate dispense with of appealability oral argument and and that Accordingly, we deny dismiss because conclude 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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