Randy Cooper v. Thomas McBride
Filing
920080331
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 08-6142
RANDY COOPER, Petitioner - Appellant, v. THOMAS L. MCBRIDE, Mount Olive Correctional Complex, Respondent - Appellee.
No. 08-6145
RANDY COOPER, Petitioner - Appellant, v. THOMAS L. MCBRIDE, Mount Olive Correctional Complex, Respondent - Appellee.
Appeals from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:07-cv-00203; 3:07-cv-00495)
Submitted:
March 25, 2008
Decided:
March 31, 2008
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Randy Cooper, Appellant Pro Se. Robert David Goldberg, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM: Randy Cooper seeks to appeal the district court's order accepting a magistrate judge's recommendation and dismissing his 28 U.S.C. § 2254 (2000) petitions as untimely filed. The order is not
appealable unless a circuit justice or judge issues 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). records and showing. conclude that We have independently reviewed the Cooper has not made the requisite
Accordingly, we deny a certificate of appealability and We dispense with oral argument because the are and adequately argument presented not in aid the the
dismiss the appeals. facts and legal before
contentions the court
materials
would
decisional process.
DISMISSED
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