Addison-El v. Kupec

U.S. Court of Appeals for the Fourth Circuit
Addison-El v. Kupec, 57 F. App'x 185 (4th Cir. 2003)

Addison-El v. Kupec

Opinion

PER CURIAM.

Ronald Addison-El, 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). When, as here, a district court dismisses a § 2254 petition solely on procedural grounds, a certificate of appealability mil 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 (2001). We have independently reviewed the record and conclude that Addison-El has not made the requisite showing. See Miller-El v. Cockrell, — U.S. -, 123 S.Ct. 1029, 1039-40, 154 L.Ed.2d 931 (2003). 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
Ronald ADDISON-EL, A/K/A Rodney Addison-El, Petitioner-Appellant, v. Robert KUPEC; Attorney General for the State of Maryland, Respondents-Appellees
Status
Unpublished