Thomas Lee GRATE, III, Petitioner-Appellant, v. WARDEN, RED ONION STATE PRISON, Respondent-Appellee, 50 F. App'x 640

PER CURIAM. Thomas Lee Grate, III, seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. To be entitled to a certificate of appealability, Grate must make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).

When a district court dismisses solely on procedural grounds, the petitioner “must 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).

Upon examination of Grate’s petition, we cannot conclude that reasonable jurists would find it debatable whether the district court correctly concluded the petition was untimely. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, 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.