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Felder v. Faulkenberry

United States Court of Appeals, Fourth Circuit
Nov 30, 2007
256 F. App'x 605 (4th Cir. 2007)

Opinion

No. 07-6765.

Submitted: October 31, 2007.

Decided: November 30, 2007.

Appeal from the United States District Court for the District of South Carolina, at Florence. Patrick Michael Duffy, District Judge. (4:06-cv-01377-PMD).

Willie Felder, Appellant Pro Se. Donald John Zelenka, Melody Jane Brown, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellees.

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Willie Felder seeks to appeal the district court's order denying as untimely his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Felder has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.


Summaries of

Felder v. Faulkenberry

United States Court of Appeals, Fourth Circuit
Nov 30, 2007
256 F. App'x 605 (4th Cir. 2007)
Case details for

Felder v. Faulkenberry

Case Details

Full title:Willie FELDER, Petitioner-Appellant, v. Oscar FAULKENBERRY, Warden…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 30, 2007

Citations

256 F. App'x 605 (4th Cir. 2007)

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