UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7415
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ALEX LAMONT SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CR-96-14, CA-99-49)
Submitted: January 28, 2003 Decided: February 20, 2003
Before WILKINS, Chief Judge, and WILLIAMS and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alex Lamont Smith, Appellant Pro Se. Stephen Donald Warner, OFFICE
OF THE UNITED STATES ATTORNEY, Elkins, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alex Lamont Smith, a federal prisoner, seeks to appeal the
district court’s order accepting in part and rejecting in part the
recommendation of the magistrate judge and denying relief on
Smith’s motion filed under 28 U.S.C. § 2255 (2000). An appeal may
not be taken 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). A certificate of appealability will not
issue for claims addressed by a district court on the merits absent
“a substantial showing of the denial of a constitutional right.” 28
U.S.C. § 2253(c)(2) (2000); see Rose v. Lee, 252 F.3d 676, 683 (4th
Cir.), cert. denied, 122 S. Ct. 318 (2001). We have independently
reviewed the record and conclude for the reasons stated by the
district court that Smith has not made the requisite showing. See
United States v. Smith, Nos. CR-96-14, CA-99-49 (N.D.W. Va. Aug.
13, 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