Sadler v. Pendergraph , 53 F. App'x 263 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6953
WALTER LEE SADLER,
Petitioner - Appellant,
versus
JIM PENDERGRAPH, Sheriff,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CA-02-194-3-MU)
Submitted: December 16, 2002 Decided: December 19, 2002
Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Walter Lee Sadler, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Walter Lee Sadler 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 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
(2000)), cert. denied, 122 S. Ct. 318 (2001). We have reviewed the
record and conclude for the reasons stated by the district court
that Sadler has not made the requisite showing. See Sadler v.
Pendergraph, No. CA-02-194-3-MU (W.D.N.C. filed June 7, 2002;
entered June 11, 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
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