UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7114
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
HAROLD L. WRIGHT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CR-97-
219, CA-02-1520-MJG)
Submitted: October 24, 2002 Decided: October 31, 2002
Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Harold L. Wright, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Harold L. Wright, a federal prisoner, seeks to appeal the
district court’s order denying relief on his motion 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). When, as here, a district court dismisses a § 2255 motion
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 (2000)). We have reviewed the record and conclude for
the reasons stated by the district court that Wright has not made
the requisite showing. See United States v. Wright, Nos. CR-97-219;
CA-02-1520-MJG (D. Md. filed June 20, 2002 & entered June 21,
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
2