UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6210
WESLEY REX JONES,
Petitioner - Appellant,
versus
S. K. YOUNG, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CA-02-130-7)
Submitted: May 27, 2003 Decided: June 13, 2003
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Wesley Rex Jones, Appellant Pro Se. Leah Ann Darron, Assistant
Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Wesley Rex Jones seeks to appeal the district court’s order
dismissing as untimely his petition for habeas corpus relief, 28
U.S.C. § 2254 (2000). This court may grant a certificate of
appealability only if the appellant makes a substantial showing of
the denial of a constitutional right. 28 U.S.C. § 2253(c)(2)
(2000). Where, as here, a district court dismisses a motion to
vacate 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 Jones has not
made the requisite showing. See Miller-El v. Cockrell, 123 S. Ct.
1029 (2003).
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
2