Johnny Fisher v. John Garman

Filing 920090219

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6824 JOHNNY DAVID FISHER, Petitioner - Appellant, v. JOHN GARMAN, Warden, St. Brides Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:07-cv-00630-MHL) Submitted: February 2, 2009 Decided: February 19, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Johnny David Fisher, Appellant Pro Se. Eugene Paul Murphy, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Johnny David Fisher seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. 2254 (2006) petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). issue absent "a A certificate of appealability will not showing of the denial of a A that the or substantial 28 constitutional prisoner reasonable right." U.S.C. standard 2253(c)(2) by any (2006). satisfies jurists this would by demonstrating assessment is of find the that 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 Fisher has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal certificate dispense appealability oral argument appeal. and with because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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