Hamilton v. Conroy

U.S. Court of Appeals for the Fourth Circuit
Hamilton v. Conroy, 56 F. App'x 147 (4th Cir. 2003)
Hamilton, Per Curiam, Shedd, Wilkins

Hamilton v. Conroy

Opinion

PER CURIAM.

Willie Love Hamilton 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 to this court from a final order denying relief under § 2254 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 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, 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 Hamilton has not made the requisite showing. See Hamilton v. Conroy, No. CA-02-625 (D.Md. Nov. 6, 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.

Reference

Full Case Name
Willie Love HAMILTON, Petitioner-Appellant, v. Patrick CONROY; Joseph Curran, Respondents-Appellees
Status
Unpublished