Elijah Maven v. Loretta Kelly

Filing 920100127

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7486 ELIJAH M. MAVEN, Petitioner - Appellant, v. LORETTA K. KELLY, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:09-cv-00480-GBL-TRJ) Submitted: January 19, 2010 Decided: January 27, 2010 Before NIEMEYER, KING, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Elijah M. Maven, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Elijah M. Maven 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 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 (2006). 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 Maven 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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