Stewart v. Angelone ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6530
ROYALE LEE STEWART,
Petitioner - Appellant,
versus
RONALD J. ANGELONE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr., District
Judge. (CA-02-335-2)
Submitted: August 28, 2003 Decided: October 14, 2003
Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Royale Lee Stewart, Appellant Pro Se. Michael Thomas Judge, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Royale Lee Stewart 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 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). 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. 2001) (quoting Slack v.
McDaniel, 529 U.S. 473, 484 (2000)). We have independently
reviewed the record and conclude that Stewart has not satisfied
either standard. See Miller-El v. Cockrell, 537 U.S. 322 (2003).
Accordingly, we deny a certificate of appealability and dismiss the
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appeal.* See 28 U.S.C. § 2253(c) (2000). 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
*
To the extent Stewart seeks to raise for the first time on
appeal issues not properly presented to the district court, we find
they are waived. Muth v. United States, 1 F.3d 246, 250 (4th Cir.
1993).
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