UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7865
DONALD MARTIN CARTER,
Petitioner - Appellant,
versus
VIRGINIA DEPARTMENT OF CORRECTIONS, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CA-02-985-7)
Submitted: February 20, 2003 Decided: February 27, 2003
Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donald Martin Carter, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Donald Martin Carter seeks to appeal the district court’s
order denying relief on his petition filed under 28 U.S.C. § 2254
(2000). An appeal may not be taken to this court from the final
order in a habeas corpus proceeding unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)
(2000). When a district court dismisses a habeas petition solely
on procedural grounds, a certificate of appealability will not
issue unless the petitioner can demonstrate both “(1) ‘that jurists
of reason would find it debatable whether the petition states a
valid claim of the denial of a constitutional right and (2) ‘that
jurists of reason would find it debatable whether the district
court was correct in its procedural ruling.’” Rose v. Lee, 252 F.3d
676, 684 (4th Cir.) (quoting Slack v. McDaniel, 529 U.S. 473, 484
(2000)), cert. denied, 122 S. Ct. 318 (2001). We have independently
reviewed the record and conclude for the reasons stated by the
district court that Carter has not satisfied this standard. See
Carter v. Virginia Dep’t of Corr., No. CA-02-98-7 (W.D. Va. Oct.
31, 2002). Accordingly, we deny 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
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