Washington v. Huffman

U.S. Court of Appeals for the Fourth Circuit
Washington v. Huffman, 56 F. App'x 208 (4th Cir. 2003)
Gregory, Luttig, Motz, Per Curiam

Washington v. Huffman

Opinion

PER CURIAM.

Theresa Marie Washington, a state prisoner, seeks to appeal the district court’s order accepting the recommendation of the *209 magistrate judge and denying relief on her 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 certifícate 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 “(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 Washington has not made the requisite showing. See Washington v. Huffman, No. CA-02-152-3 (E.D.Va. Nov. 19, 2002). 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
Theresa Marie WASHINGTON, Petitioner-Appellant, v. Patricia L. HUFFMAN, Warden, F.C.C.W.; Virginia Department of Corrections, Respondents-Appellees
Status
Unpublished