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    Rogers v. Sutton, 4th Cir. (2004)

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    Matthew James Rogers, a state prisoner, filed a petition under 28 U.S.C. § 2254 challenging his conviction. The district court denied the petition as untimely. Rogers sought to appeal, but the circuit court must issue a certificate of appealability. The circuit court independently reviewed the record and determined that Rogers did not make the requisite showing that reasonable jurists would find his constitutional claims debatable or that dispositive procedural rulings were debatable or wrong. Therefore, the circuit court denied a certificate of appealability and dismissed the appeal.

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    Rogers v. Sutton, 4th Cir. (2004)

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    Matthew James Rogers, a state prisoner, filed a petition under 28 U.S.C. § 2254 challenging his conviction. The district court denied the petition as untimely. Rogers sought to appeal, but the circuit court must issue a certificate of appealability. The circuit court independently reviewed the record and determined that Rogers did not make the requisite showing that reasonable jurists would find his constitutional claims debatable or that dispositive procedural rulings were debatable or wrong. Therefore, the circuit court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2004-11-29 Precedential Status: Non-Precedential Docket: 04-7188

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    Matthew James Rogers, a state prisoner, filed a petition under 28 U.S.C. § 2254 challenging his conviction. The district court denied the petition as untimely. Rogers sought to appeal, but the circuit court must issue a certificate of appealability. The circuit court independently reviewed the record and determined that Rogers did not make the requisite showing that reasonable jurists would find his constitutional claims debatable or that dispositive procedural rulings were debatable or wrong. Therefore, the circuit court denied a certificate of appealability and dismissed the appeal.

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    9 views2 pages

    Rogers v. Sutton, 4th Cir. (2004)

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    Scribd Government Docs
    Matthew James Rogers, a state prisoner, filed a petition under 28 U.S.C. § 2254 challenging his conviction. The district court denied the petition as untimely. Rogers sought to appeal, but the circuit court must issue a certificate of appealability. The circuit court independently reviewed the record and determined that Rogers did not make the requisite showing that reasonable jurists would find his constitutional claims debatable or that dispositive procedural rulings were debatable or wrong. Therefore, the circuit court denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7188

    MATTHEW JAMES ROGERS,


    Petitioner - Appellant,
    versus
    ERNEST R. SUTTON, Superintendent,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
    District Judge. (CA-04-41-5-HC-FL)

    Submitted:

    November 18, 2004

    Decided:

    November 29, 2004

    Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Matthew James Rogers, Appellant Pro Se. Clarence Joe DelForge,


    III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Matthew James Rogers, a state prisoner, seeks to appeal
    the district courts order denying as untimely his petition filed
    under 28 U.S.C. 2254 (2000).

    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

    constitutional right.

    substantial

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2000).

    of

    A prisoner

    satisfies this standard by demonstrating that reasonable jurists


    would find that his constitutional claims are debatable and that
    any dispositive procedural rulings by the district court are also
    debatable or wrong.

    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 (4th Cir. 2001).

    We have independently

    reviewed the record and conclude that Rogers has not made the
    requisite

    showing.

    Accordingly,

    we

    appealability and dismiss the appeal.

    deny

    certificate

    of

    We deny Rogers motion for

    appointment of counsel and dispense with oral argument because the


    facts

    and

    materials

    legal
    before

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    DISMISSED

    - 2 -

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