United States v. Moses

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7335 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CLYBURN LEROY MOSES, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CR-00-215, CA-01-961-1) Submitted: November 7, 2002 Decided: November 15, 2002 Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Clyburn Leroy Moses, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Clyburn Leroy Moses seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his motion filed under 28 U.S.C. § 2255 (2000). We have reviewed the record and conclude for the reasons stated by the district court that Moses has not made a substantial showing of the denial of a constitutional right. See United States v. Moses, Nos. CR-00-215; CA-01-961-1 (M.D.N.C. July 26, 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