
    Mark E. RICHARDS, Petitioner-Appellant, v. Ronald J. ANGELONE, Director of the Virginia Department of Corrections, Respondent-Appellee.
    No. 03-6098.
    United States Court of Appeals, Fourth Circuit.
    Submitted March 20, 2003.
    Decided April 1, 2003.
    Mark E. Richards, Appellant Pro Se. Donald Eldridge Jeffrey, III, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.
    Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
   PER CURIAM.

Mark E. Richards seeks to appeal the magistrate judge’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000) and denying his motion filed under Rule 59(e) of the Federal Rules of Civil Procedure. 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). 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.2001) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)). We have independently reviewed the record and conclude that Richards has not satisfied either standard. 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. 
      
       By consent of the parties, the decision below was rendered by a magistrate judge. See 28 U.S.C. § 636(c) (2000).
     