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David Smart v. Harold Clarke, 4th Cir. (2015)
David Smart v. Harold Clarke, 4th Cir. (2015)
No. 15-6370
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Arenda L. Wright Allen,
District Judge. (2:14-cv-00045-AWA-DEM)
Submitted:
Decided:
PER CURIAM:
David Michael Smart seeks to appeal the district courts
order accepting the recommendation of the magistrate judge and
dismissing as untimely his 28 U.S.C. 2254 (2012) petition. The
order is not appealable unless a circuit justice or judge issues
a
certificate
(2012).
of
appealability.
28
U.S.C.
2253(c)(1)(A)
on
the
demonstrating
district
merits,
that
courts
debatable
or
prisoner
reasonable
assessment
wrong.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
standard
find
constitutional
529
U.S.
by
that
the
claims
is
473,
484
at 484-85.
We have independently reviewed the record and conclude that
Smart has not made the requisite showing.
Accordingly, we deny
and
dismiss
the
appeal.
We
dispense
with
oral