Rodney Fuller v. Loretta Kelly
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
RODNEY L. FULLER, Petitioner Appellant, v. LORETTA KELLY, Warden, Defendant Appellee.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:09-cv-00117-sgw-mfu)
December 14, 2009
December 29, 2009
Before MOTZ, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rodney L. Fuller, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Rodney L. Fuller seeks to appeal the district court's order dismissing as untimely his 28 U.S.C. § 2254 (2006)
The order is not appealable unless a circuit justice See 28 U.S.C.
or judge issues a certificate of appealability. § 2253(c)(1) (2006). 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. See 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
Fuller has not made the requisite showing. a certificate with of appealability argument and
Accordingly, we deny the appeal. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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