Jeffreys v. Haynes
Opinion
Carl Jeffreys, a state 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 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) (2000). As to claims dis *707 missed by a district court solely on procedural grounds, a certifícate 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, 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 Jeffreys has not made the requisite showing. See Jeffreys v. Haynes, No. CA-01-612-5-HO (E.D.N.C. Aug. 21, 2002); see also Davis v. Allsbrooks, 778 F.2d 168, 174-76 (4th Cir. 1985) (holding that the Waimonght v. Sykes, 433 U.S. 72, 87, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), bar of federal habeas review applies when a state court has found a procedural default regardless of whether the state court alternatively has discussed the merits). Accordingly, we deny 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.
Reference
- Full Case Name
- Carl JEFFREYS, Petitioner-Appellant, v. Jay HAYNES, Superintendent of the Caswell Correctional Center, Respondent-Appellee
- Status
- Unpublished