UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6436 JEFFERY HARLEY, Petitioner - Appellant, versus

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; GARY

MAYNARD, Director; CHARLIE 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 Anderson. Cameron M. Currie, District Judge.

(CA-02-1118-8-22-BI)

Submitted: May 15, 2003 Decided: May 28, 2003

Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jeffery Harley, Appellant Pro Se. Roy F. Laney, RILEY, POPE &

LANEY, L.L.C., Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

Jeffery Harley seeks to appeal the district court§ 2254 (2000).

The district court reviewed Harley§ 2241 (2000). The district court entered an order denying Harley relief based on his failure to exhaust state remedies.

Harley cannot appeal this order unless a circuit judge or justice issues a certificate of appealability, and a certificate of appealability will not issue absent a § 2253(c)(2) (2000).

A habeas petitioner meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , U.S. , 123 S. Ct. 1029, 1039 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir.), cert. denied , 535 U.S. 941 (2001). We have independently reviewed the record and conclude Harley has not made the requisite showing. Accordingly, we deny a certificate of appealability and di smiss 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