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54 F. App'x 397

Wallace v. Dotson

U.S. Courts of Appeals

Decided January 15, 2003

U.S. Courts of Appeals · decided 2003-01-15

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Slack v. McDaniel · Rose v. Lee · Barajas-Aguilar v. United States

Decided 2003-01-15

PER CURIAM.

¶1Fred Wallace, Jr., a state prisoner, seeks to appeal the district court’s order dismissing his habeas corpus petition, 28 U.S.C. § 2254 (2000), on procedural default grounds.

¶2To be entitled to a certificate of appealability, Wallace must make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). When a district court dismisses solely on procedural grounds, the movant “must 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, 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). Upon examination of Wallace’s petition, we cannot conclude that reasonable jurists would find it debatable whether the district court correctly concluded that the petition was untimely filed. 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.

¶3DISMISSED.

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