Wills v. Robinson , 55 F. App'x 203 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7015
MICHAEL P. WILLS,
Petitioner - Appellant,
versus
A. D. ROBINSON, Warden, Nottoway Correctional
Center,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CA-02-549)
Submitted: January 30, 2003 Decided: February 4, 2003
Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael P. Wills, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael P. Wills, a Virginia prisoner, 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 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 Wills has not made the requisite showing. See
Wills v. Robinson, No. CA-02-549 (E.D. Va. filed June 14, 2002;
entered June 17, 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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