UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7750
ALLIE ALDRIDGE,
Petitioner - Appellant,
versus
J.C. WILSON,
Respondent - Appellee,
and
STATE OF NORTH CAROLINA,
Respondent.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-03-62-BO)
Submitted: February 12, 2004 Decided: February 23, 2004
Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Allie Aldridge, 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Unpublished opinions are not binding precedent in this circuit.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).
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PER CURIAM:
Allie Bryan Aldridge appeals from the denial of his 28
U.S.C. § 2254 (2000) petition by the district court. An appeal may
not be taken from the final order in a habeas corpus proceeding
unless a circuit judge or justice issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(2000). This court will not
issue a certificate of appealability as to claims dismissed by a
district court on procedural grounds unless the movant 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.
2001) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have reviewed the record and determine that Aldridge
has not made the requisite showing. See Miller-El v. Cockrell, 537
U.S. 322, 336 (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 in the decisional process.
DISMISSED
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