US v. Phillip Irving
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILLIP AUBREY IRVING, Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:04-cr-00078-jct-mfu-1; 7:07-cv-80018-jct-mfu)
December 11, 2008
December 18, 2008
Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Phillip Aubrey Irving, Appellant Pro Se. Julia C. Dudley, Acting United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Phillip Aubrey Irving seeks to appeal the district
court's order dismissing as untimely his 28 U.S.C. § 2255 (2000) motion. judge The order is not appealable unless a circuit justice or 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 Irving has not made the requisite showing. motion appeal. legal before for a certificate of Accordingly, we deny Irving's appealability and dismiss the
We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional
contentions the court
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