UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7861
MARK ANTHONY GLENN,
Petitioner - Appellant,
versus
COMMONWEALTH OF VIRGINIA; RON ANGELONE;
ATTORNEY GENERAL OF THE COMMONWEALTH OF
VIRGINIA,
Respondents - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CA-02-809-7)
Submitted: February 6, 2003 Decided: February 13, 2003
Before WILKINS, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mark Anthony Glenn, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mark Anthony Glenn appeals 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). When, as here, a district court
dismisses a 28 U.S.C. § 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 reviewed the record and
conclude for the reasons stated by the district court that Glenn
has not made the requisite showing. See Glenn v. Virginia, No. CA-
02-809-7 (W.D. Va. Oct. 31, 2002). Accordingly, we deny a
certificate of appealability and dismiss the appeal. See 28 U.S.C.
§ 2253(c) (2000). 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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