UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6524
DEMETRIC GRAY PEARSON,
Petitioner - Appellant,
versus
JAMES PEGUESE; ATTORNEY GENERAL FOR THE STATE
OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge. (CA-03-
564-RWT)
Submitted: April 29, 2004 Decided: May 6, 2004
Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Demetric Gray Pearson, Petitioner Pro Se. Mary Ann Rapp Ince,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Demetric Gray Pearson seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2000)
petition. 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). A
certificate of appealability will not issue for claims addressed by
a district court on the merits absent “a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). As to
claims dismissed by a district court 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 Pearson
has not satisfied either standard. See Miller-El v. Cockrell, 537
U.S. 322, 336 (2003). Accordingly, we deny Pearson’s motions for
transcript at government expense, for appointment of counsel, for
a certificate of appealability, and dismiss the appeal. We
dispense with oral argument because the facts and legal contentions
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
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