Lee v. Virginia Department of Corrections
Opinion
Paul F. Lee, a Virginia prisoner, seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit justice of 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 “(l)’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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)), cert. denied, 534 U.S. 941, 122 S.Ct. 318, 151 L.Ed.2d 237 (2001). We have reviewed the record and conclude for the reasons stated by the district court that Lee has not made the requisite showing. See Lee v. Department of Corr., No. CA-02-58-7 (W.D.Va. Aug. 29, 2002). Accordingly, we deny a certificate of appealability and dismiss the ap *719 peal. 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.
Reference
- Full Case Name
- Paul F. LEE, Petitioner-Appellant, v. VIRGINIA DEPARTMENT OF CORRECTIONS; Ron Angelone; Attorney General of the Commonwealth of Virginia, Respondents-Appellees
- Status
- Unpublished