UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7062
RODNEY C. DOMAN,
Petitioner - Appellant,
versus
THOMAS MCBRIDE, Warden, Mount Olive
Correctional Complex,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
District Judge. (CA-02-144-1)
Submitted: March 8, 2004 Decided: April 27, 2004
Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rodney C. Doman, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rodney C. Doman seeks to appeal the district court’s
order dismissing without prejudice his 28 U.S.C. § 2254 (2000)
petition for failure to exhaust his state court remedies. An
appeal may not be taken 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). 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.
2001) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)). We
have independently reviewed the record and conclude that Doman has
not made the requisite showing. See Miller-El v. Cockrell, 537
U.S. 322, 336 (2003). Accordingly, we deny Doman’s motion for 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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