
    Samuel Anthony MILES, Petitioner-Appellant, v. Ronald J. ANGELONE, Director, Virginia Department of Corrections, Respondent-Appellee.
    No. 02-7322.
    United States Court of Appeals, Fourth Circuit.
    Submitted Nov. 7, 2002.
    Decided Nov. 15, 2002.
    Samuel Anthony Miles, Appellant Pro Se. Steven Andrew Witmer, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.
    Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge.
    Dismissed by unpublished PER CURIAM opinion.
   PER CURIAM.

Samuel Anthony Miles appeals a district court’s order accepting a magistrate judge’s recommendation to dismiss his 28 U.S.C. § 2254 (2000) petition as untimely. 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 “(l)’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 reviewed the record and conclude for the reasons stated by the district court that Miles has not made the requisite showing. See Miles v. Angelone, No. CA-01-814-2 (E.D.Va. Aug. 26, 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 presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.  