Jones v. Maynard ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7326
DYSHUM MICHAEL JONES,
Petitioner - Appellant,
versus
GARY MAYNARD; CHARLES M. 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. G. Ross Anderson, Jr., District
Judge. (CA-02-2321)
Submitted: November 7, 2002 Decided: November 15, 2002
Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Dyshum Michael Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dyshum Michael Jones, a state prisoner, seeks to appeal the
district court’s order adopting the magistrate judge’s report and
recommendation, and 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 in which the
detention complained of arises out of process issued by a state
court 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 (2000)). We
have reviewed the record and conclude for the reasons stated by the
district court that Jones has not made the requisite showing. See
Jones v. Maynard, No. CA-02-2321 (D.S.C. filed Sept. 19, 2002;
entered Sept. 20, 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
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presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
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