UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6357 KERRY GARNER, Petitioner - Appellant, versus

CALVIN ANTHONY, Warden of Lee Correctional

Institution; CHARLES CONDON, Attorney General

of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of

South Carolina, at Columbia. Terry L. Wooten, District Judge. (CA-

-1330-25-BC-3)

Submitted: July 7, 2003 Decided: July 24, 2003

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kerry Garner, Appellant Pro Se. William Edgar Salter, III, OFFICE

OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

Kerry Garner seeks to appeal the district court§ 2254 (2000) petition. 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 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 Garner has not made the requisite showing.

See Miller-El v. Cockrell , 537 U.S. 322 (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