Stroupe v. Jarvis
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
ALFRED RAY STROUPE, III, Petitioner - Appellant, versus LARRY W. JARVIS, Warden of Bland Correctional Center, Respondent - Appellee.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:06-cv-00150-JCT)
Submitted: October 31, 2006
November 6, 2006
Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alfred Ray Stroupe, III, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
PER CURIAM: Alfred Ray Stroupe, III seeks to appeal the district court's order dismissing his 28 U.S.C. § 2254 (2000) motion as untimely. judge The order is not appealable unless a circuit justice or a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this
standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is 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 Stroupe has not made the requisite showing. Accordingly, we deny his motion for a We dispense
certificate of appealability and dismiss the appeal.
with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
- 2 -
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?