Wakeel Sabur v. Commonwealth of Virginia

Filing 920081114

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6746 WAKEEL ABDUL-SABUR, Petitioner - Appellant, v. COMMONWEALTH OF VIRGINIA, Respondent Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:08-cv-00230-JCT-MFU) Submitted: October 23, 2008 Decided: November 14, 2008 Before MICHAEL and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Wakeel Abdul-Sabur, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wakeel Abdul-Sabur seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. 2254 (2000) petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2000). issue absent "a A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or substantial 28 constitutional prisoner reasonable right." this would by 2253(c)(2) by any (2000). satisfies jurists demonstrating assessment is of constitutional claims district court debatable 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 Abdul-Sabur has not made the requisite showing. Accordingly, we deny Abdul- Sabur's motion for a certificate of appealability and dismiss the appeal. We dispense 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. DISMISSED 2

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