United States v. Henry

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7561 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GREGORY SEAN HENRY, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Frank W. Bullock, Jr., District Judge. (CR-98-52, CA-01-979-1) Submitted: January 30, 2003 Decided: February 5, 2003 Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Gregory Sean Henry, Appellant Pro Se. Sandra Jane Hairston, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Gregory Sean Henry 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 Henry has not made a substantial showing of the denial of a constitutional right. See United States v. Henry, Nos. CR-98-52; CA-01-979-1 (M.D.N.C. Sept. 24, 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