UNITED STATES of America, Plaintiff-Appellee, v. Douglas Carl BROFFORD, Defendant-Appellant, 50 F. App'x 156

PER CURIAM. Douglas Carl Brofford seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2255 (2000). An appeal may not be taken to this court from the final order in a § 2255 proceeding 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.) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)), cert. denied, — U.S.-, 122 S.Ct. 318, 151 L.Ed.2d 237 (2001).

We have reviewed the record and conclude for the reasons stated by the district court that Brofford has not satisfied either standard. See United States v. Brofford, No. CA-01-976 (S.D.W. Va. June 25, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Brofford’s motion to stay the appeal and remand the case. 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.