UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6986
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JULIAN DION KIRKLAND,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-99-47, CA-01-1087-1)
Submitted: September 5, 2002 Decided: September 11, 2002
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Julian Dion Kirkland, Appellant Pro Se. Steven Hale Levin, OFFICE
OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Julian Dion Kirkland seeks to appeal the district court’s
order denying his motion filed under 28 U.S.C. § 2255 (2000). We
have reviewed the record and the district court’s opinion accepting
the recommendation of the magistrate judge and conclude on the
reasoning of the district court that Kirkland has not made a
substantial showing of the denial of a constitutional right. See
United States v. Kirkland, Nos. CR-99-47; CA-01-1087-1 (M.D.N.C.
May 28, 2002). Accordingly, we deny a certificate of appealability
and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). 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
2