UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6048 MUHAMMAD ABD SALEEM EURY, Petitioner - Appellant, versus

RONALD J. ANGELONE, Director of the Virginia

Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District

Judge. (CA-01-208)

Submitted: June 12, 2003 Decided: June 17, 2003

Before WIDENER, LUTTIG, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Muhammad Abd Saleem Eury, Appellant Pro Se. Mark Ralph Davis,

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Unpublished opinions are not binding precedent in this circuit.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

Muhammad Eury appeals the district court§ 2254 (2000) petition for failure to exhaust state remedies. 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 rightÂ’ 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 , 534 U.S. 941 (2001). We have independently reviewed the record and conclude that Eury has not made the requisite showing. See Miller-El v. Cockrell , 123 S. Ct. 1029, 1039 (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