United States of America v. James E. Rogers, a/k/a James Harley Rogers, a/k/a Ricky Duvall

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6471
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES E. ROGERS, a/k/a James Harley Rogers,
a/k/a Ricky Duvall,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, Senior District Judge.
(CR-92-154; CA-05-469-MJG)
Submitted: July 29, 2005 Decided: August 17, 2005
Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James E. Rogers, Appellant Pro Se. Bonnie S. Greenberg, OFFICE OF
THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
James E. Rogers seeks to appeal the district court’s
order dismissing his 28 U.S.C. § 2255 (2000) motion as untimely.
An appeal may not be taken from the final order in a § 2255
proceeding 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 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 (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 deny a certificate of
appealability and dismiss his 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

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