UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6371
GLEN WIGGINS,
Petitioner - Appellant,
versus
JAMES PEGUESE, Warden; J. JOSEPH CURRAN, JR.,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-02-
3168)
Submitted: April 17, 2003 Decided: April 24, 2003
Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Glen Wiggins, Appellant Pro Se. Mary Ann Rapp Ince, OFFICE OF THE
ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Glen Wiggins seeks to appeal the district court’s order
dismissing without prejudice 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, 534 U.S. 941
(2001). We have independently review the record and conclude that
Wiggins has not made the requisite showing. See Miller-El v.
Cockrell, U.S. , 123 S. Ct. 1029 (2003). 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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