UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6048
MUHAMMAD ABD SALEEM EURY,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director of the Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior District
Judge. (CA-01-208)
Submitted: June 12, 2003 Decided: June 17, 2003
Before WIDENER, LUTTIG, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Muhammad Abd Saleem Eury, Appellant Pro Se. Mark Ralph Davis,
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Unpublished opinions are not binding precedent in this circuit.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:
Muhammad Eury appeals the district court’s order accepting a
magistrate judge’s recommendation to dismiss his 28 U.S.C. § 2254
(2000) petition for failure to exhaust state remedies. 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 independently
reviewed the record and conclude that Eury has not made the
requisite showing. See Miller-El v. Cockrell, 123 S. Ct. 1029, 1039
(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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