UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7564
DENNIS RAY GRAVES,
Petitioner - Appellant,
versus
EDDIE PEARSON, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CA-02-1048)
Submitted: February 20, 2003 Decided: February 26, 2003
Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dennis Ray Graves, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dennis Ray Graves seeks to appeal the district court’s order
dismissing without prejudice, and as second or successive, his
petition filed under 28 U.S.C. § 2254 (2000). An appeal may not be
taken 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, as here, a district court
dismisses a § 2254 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, 534 U.S. 941 (2001).
We have reviewed the record and conclude for the reasons
stated by the district court that Graves has not made the requisite
showing. See Graves v. Pearson, No. CA-02-1048 (E.D. Va. filed
Aug. 28, 2002; entered Aug. 29, 2002). Accordingly, we deny a
certificate of appealability and dismiss the appeal. We further
deny Graves’ motion for the appointment of counsel. We dispense
with oral argument because the facts and legal contentions are
2
adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
3