UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6031
ANTHONY JESUS SANDERS,
Petitioner - Appellant,
versus
JACK LEE, Warden, Keen Mountain Correctional
Center,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Chief
District Judge. (CA-03-500-AM)
Submitted: March 11, 2004 Decided: March 19, 2004
Before WIDENER, WILKINSON, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Jesus Sanders, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Jesus Sanders has filed a motion for a
certificate of appealability concerning 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 Sanders
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. Sanders’s “Motion of
Retention of the Record” is denied as moot. 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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