U.S. Court of Appeals for the Fourth Circuit, 2004

Jones v. Warden of Greensville Correctional Center

Jones v. Warden of Greensville Correctional Center
U.S. Court of Appeals for the Fourth Circuit · Decided August 20, 2004 · Luttig, Williams, Motz
106 F. App'x 866

Jones v. Warden of Greensville Correctional Center

Opinion

PER CURIAM.

Essence Ray Jones seeks to appeal the district court’s order dismissing his petition under 28 U.S.C. § 2254 (2000) for failure to exhaust state remedies. 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. 2001) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)). We have independently reviewed the record and conclude that Jones has not made the requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 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

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