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Evon Frederick v. Warden McCabe, 4th Cir. (2012)
Evon Frederick v. Warden McCabe, 4th Cir. (2012)
No. 12-6039
EVON FREDERICK,
Petitioner - Appellant,
v.
WARDEN MCCABE, et al,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. R. Bryan Harwell, District Judge.
(9:11-cv-00211-RBH)
Submitted:
Decided:
May 1, 2012
PER CURIAM:
Evon Frederick seeks to appeal the district courts
order accepting the recommendation of the magistrate judge and
dismissing as untimely his 28 U.S.C. 2254 (2006) petition.
The order is not appealable unless a circuit justice or judge
issues
certificate
2253(c)(1)(A) (2006).
issue
absent
of
appealability.
U.S.C.
substantial
constitutional right.
28
showing
of
the
denial
of
When the
standard
by
demonstrating
that
reasonable
jurists
would
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
Slack,
Accordingly,
dispense
with
oral
argument
because
the
facts
and
legal
DISMISSED