Kenneth Crowder v. Keith Davis, No. 09-7395 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7395 KENNETH WAYNE CROWDER, Petitioner Appellant, v. KEITH L. DAVIS, Warden, Deerfield Correctional Center, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O Grady, District Judge. (1:09-cv-00321-LO-TRJ) Submitted: December 15, 2009 Decided: December 18, 2009 Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Kenneth Wayne Crowder, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kenneth Wayne Crowder seeks to appeal the district court s order dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1) (2006). issue 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). assessment court is a A demonstrating any district of 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 Crowder has not made the requisite showing. and conclude that Accordingly, we deny 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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