80 F. App'x 873

Dana Marvin HOLLOMAN, Petitioner—Appellant, v. DIRECTOR OF VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent—Appellee.

No. 03-6875.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 3, 2003.

Decided Nov. 17, 2003.

Dana Marvin Holloman, pro se.

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

PER CURIAM:

Dana Marvin Holloman seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2000) petition as time-*874barred under the Antiterrorism and Effective Death Penalty Act of 1996. See 28 U.S.C. § 2244(d) (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 “(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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)), cert. denied, 534 U.S. 941, 122 S.Ct. 318, 151 L.Ed.2d 237 (2001). We have independently reviewed the record and conclude that Holloman has not made the requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1039, 154 L.Ed.2d 931 (2003). 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

Holloman v. Director of Virginia Department of Corrections
80 F. App'x 873

Case Details

Name
Holloman v. Director of Virginia Department of Corrections
Decision Date
Nov 17, 2003
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80 F. App'x 873

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United States

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