UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7737
FRANK M. CONNELL, JR.,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director of the Department
of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CA-01-762-2)
Submitted: March 18, 2003 Decided: April 1, 2003
Before WILLIAMS, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frank M. Connell, Jr., Appellant Pro Se. Steven Andrew Witmer,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Frank M. Connell, Jr., seeks to appeal the district court’s
order adopting the magistrate judge’s recommendation and 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). A
certificate of appealability will not issue for claims addressed by
a district court on the merits absent “a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c) (2) (2000);
see Miller-El v. Cockrell, U.S. , 2003 WL 431659 (U.S. Feb.
25, 2003) (No. 01-7662). As to claims dismissed by a district court
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
independently reviewed the record and conclude that Connell has not
satisfied either standard. Accordingly, we deny a certificate of
appealability and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
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