Eury v. Young , 54 F. App'x 149 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7229
MUHAMMAD ABD SALEEM EURY,
Petitioner - Appellant,
versus
S. K. YOUNG,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CA-02-908-2)
Submitted: December 19, 2002 Decided: December 31, 2002
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Muhammad Abd Saleem Eury, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Muhammad Abd Saleem Eury, a Virginia prisoner, seeks to appeal
the district court’s order dismissing without prejudice his 28
U.S.C. § 2254 (2000) petition 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.) (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 Eury has not made the requisite
showing. See Eury v. Young, No. CA-02-908-2 (W.D. Va. Aug. 14,
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
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materials before the court and argument would not aid the
decisional process.
DISMISSED
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