Lucius Drafts v. Gary D. Maynard

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7305
LUCIUS DRAFTS,
Petitioner - Appellant,
versus
GARY D. MAYNARD; CHARLES M. CONDON, Attorney
General for the State of South Carolina,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Cameron McGowan Currie, District
Judge. (CA-02-120-22BD)
Submitted: October 24, 2002 Decided: October 31, 2002
Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lucius Drafts, Appellant Pro Se. Samuel Creighton Waters, 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Unpublished opinions are not binding precedent in this circuit.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).

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PER CURIAM:
Lucious Drafts, a state prisoner, seeks to appeal the district
court’s order dismissing as untimely his petition filed under 28
U.S.C. § 2254 (2000). An appeal may not be taken to this court
from the final order in a habeas corpus proceeding in which the
detention complained of arises out of process issued by a state
court 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 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, 484 (2000)). We
have reviewed the record and conclude for the reasons stated by the
district court that Drafts has not made the requisite showing. See
Drafts v. Maynard, No. CA-02-120-22BD (D.S.C. filed Aug. 6, 2002 &
entered Aug. 7, 2002). Accordingly, we deny a certificate of
appealability and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately

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presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED

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