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Abdullah v. Angelone, 02-7346 (2003)

Court: Court of Appeals for the Fourth Circuit Number: 02-7346 Visitors: 3
Filed: Jan. 23, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7346 AL-SAYYID HAMZA ABDULLAH, Petitioner - Appellant, versus RONALD ANGELONE, Director, Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-01-699-2) Submitted: January 16, 2003 Decided: January 23, 2003 Before WILLIAMS, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per
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                               UNPUBLISHED

                      UNITED STATES COURT OF APPEALS
                          FOR THE FOURTH CIRCUIT


                               No. 02-7346



AL-SAYYID HAMZA ABDULLAH,

                                                Petitioner - Appellant,

             versus


RONALD ANGELONE, Director, Virginia Department
of Corrections,

                                                 Respondent - Appellee.



Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CA-01-699-2)


Submitted:    January 16, 2003               Decided:   January 23, 2003


Before WILLIAMS, KING, and GREGORY, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Al-Sayyid Hamza Abdullah, 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Unpublished opinions are not binding precedent in this circuit.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:

      Al-Sayyid Hamza Abdullah 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).         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.)

(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 Abdullah

has not satisfied either standard.         See Abdullah v. Angelone, No.

CA-01-699-2 (E.D. Va. Aug. 23, 2002).            Accordingly, we deny a

certificate of appealability, deny leave to proceed in forma

pauperis, and dismiss the appeal.         See 28 U.S.C. § 2253(c) (2000).

We   dispense   with   oral   argument    because   the   facts   and   legal


                                    2
contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.




                                                           DISMISSED




                                3

Source:  CourtListener

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