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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7465 DARRELL WEST, Petitioner - Appellant, versus GARY MAYNARD, Director of South Carolina Department of Corrections; CHARLES CONDON, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Margaret B. Seymour, District Judge. (CA-01-3793-9-24BG) Submitted: December 16, 2002 Decided: December 20, 2002 Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Darrell West, Appellant Pro Se. Samuel Creighton Waters, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Darrell West 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 under § 2254 unless a circuit justice or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court on the merits absent “a substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2000). As to claims dismissed by a district court 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 West has not satisfied either standard. See West v. Maynard, No. CA-01- 3793-9-24BG (D.S.C. Sept. 12, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are 2 adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
Document Info
Docket Number: 02-7465
Citation Numbers: 53 F. App'x 281
Judges: Luttig, Michael, Motz, Per Curiam
Filed Date: 12/20/2002
Precedential Status: Non-Precedential
Modified Date: 11/6/2024