
    Mark E. RICHARDS, Petitioner-Appellant, v. Gene JOHNSON, Director, Respondent—Appellee.
    No. 04-6904.
    United States Court of Appeals, Fourth Circuit.
    Submitted: July 15, 2004.
    Decided: July 23, 2004.
    Mark E. Richards, Appellant pro se.
    Thomas Drummond Bagwell, Assistant Attorney General, Richmond, Virginia, for Appellee.
    Before MOTZ, KING, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM:

Mark E. Richards seeks to appeal the district court’s order denying as untimely his petition filed under 28 U.S.C. § 2254 (2000). The order is appealable only if 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 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, 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 (4th Cir.2001). We have independently reviewed the record and conclude that Richards has not made the requisite showing. Accordingly, we deny Richards’ motion for a certificate 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  