Carter v. Virginia Department of Corrections

U.S. Court of Appeals for the Fourth Circuit
Carter v. Virginia Department of Corrections, 56 F. App'x 191 (4th Cir. 2003)
Gregory, Luttig, Motz, Per Curiam

Carter v. Virginia Department of Corrections

Opinion

PER CURIAM.

Donald Martin Carter 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 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 a district court dismisses a habeas petition 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 independently reviewed the record and conclude for the reasons stated by the district court that Carter has not satisfied this standard. See Carter v. Virginia Dep’t of Corr., No. CA-02-98-7 (W.D.Va. Oct. 31, 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
Donald Martin CARTER, Petitioner-Appellant, v. VIRGINIA DEPARTMENT OF CORRECTIONS, DIRECTOR, Respondent-Appellee
Status
Unpublished