UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7750
BERTRAM NORMAN MCELHINEY,
Petitioner - Appellant,
versus
SID HARKLEROAD,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CA-02-325-3-2-MU)
Submitted: April 24, 2003 Decided: May 1, 2003
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bertram Norman McElhiney, Appellant Pro Se. Clarence Joe DelForge,
III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bertram Norman McElhiney 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). A certificate of appealability will not issue for claims
dismissed by a district court solely on procedural grounds 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 find that McElhiney has not satisfied this standard.
Accordingly, we deny a certificate of appealability and dismiss the
appeal. See Miller-El v. Cockrell, 123 S. Ct. 1029, 1034, 1039
(2003). 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
2