Steven Updike v. Gene Johnson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
STEVEN LEE UPDIKE, Petitioner Appellant, v. GENE M. JOHNSON, Director, Virginia Department of Corrections; ROBERT FRANCIS MCDONNELL, Attorney General of the State of Virginia, Respondents Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, District Judge. (1:08-cv-00325-LO-JFA)
December 5, 2008
December 16, 2008
Before TRAXLER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Steven Lee Updike, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Steven Lee Updike 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
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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 Updike has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal
appealability oral argument
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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