
    Matthew James ROGERS, Petitioner-Appellant, v. Ernest R. SUTTON, Superintendent, Respondent-Appellee.
    No. 04-7188.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Nov. 18, 2004.
    Decided: Nov. 29, 2004.
    Matthew James Rogers, Appellant pro se.
    Clarence Joe DelForge, III, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.
    Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Unpublished opinions are not binding precedent in this circuit.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 court’s 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 “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, 336-38, 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 (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 the appeal. We deny Rogers’ motion for appointment of counsel and 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  