U.S. Court of Appeals for the Fourth Circuit, 2003

Younger v. Robinson

Younger v. Robinson
U.S. Court of Appeals for the Fourth Circuit · Decided April 22, 2003 · Widener, Williams, Motz
60 F. App'x 957

Younger v. Robinson

Opinion

PER CURIAM.

Todd F. Younger seeks to appeal the district court’s order construing his petition for a writ of error coram nobis as a petition filed under 28 U.S.C. § 2254 (2000), and dismissing it as untimely. 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 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 that Younger has not made the requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 154 L.Ed.2d 931, 2003 WL 431659, at *10 (2003). Accordingly, we deny a certificate of appealability, deny the motion for leave to proceed in forma pau *958 peris, 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.

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