Eric KEYS, Petitioner-Appellant, v. COMMONWEALTH OF VIRGINIA, Respondent-Appellee, 148 F. App'x 191

PER CURIAM: Eric Keys seeks to appeal the magistrate judge’s order dismissing his 28 U.S.C. § 2254 (2000) petition as untimely. 28 U.S.C. § 2244(d)(1) (2000). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c) (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 the magistrate judge’s assessment of his constitutional claims is debatable and that any dispositive procedural rulings by the magistrate judge are also debatable or wrong. See 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 Keys has not made the requisite showing.

Accordingly, we deny a certifícate of appealability 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 This case was decided by the magistrate judge upon consent of the parties under 28 U.S.C. § 636(c)(1) (2000).