UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6264
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DEREK SHANNON WALLS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CR-00-115, CA-02-731-BO)
Submitted: March 20, 2003 Decided: April 1, 2003
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Derek Shannon Walls, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, John Howarth Bennett, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Derek Shannon Walls seeks to appeal the district court’s order
dismissing his motion filed under 28 U.S.C. § 2255 (2000). An
appeal may not be taken from the final order denying a motion under
§ 2255 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). We have
independently reviewed the record and conclude that Walls has not
made the requisite showing. See Miller-El v. Cockrell, U.S.
, 123 S. Ct. 1029 (2003). 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