UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7844
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LEON FITZGERALD BLOUNT, a/k/a John Doe, a/k/a
Pookie,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr.,
District Judge. (CR-00-137, CA-01-1076-1)
Submitted: March 26, 2003 Decided: April 11, 2003
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Leon Fitzgerald Blount, Appellant Pro Se. Angela Hewlett Miller,
OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Leon Fitzgerald Blount, 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 from the final
order in a § 2255 proceeding unless a circuit justice or judge
issues a certificate of appealability. See 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 also Rose v. Lee, 252 F.3d 676, 683 (4th
Cir.), cert. denied, 534 U.S. 941 (2001). We have independently
reviewed the record and conclude that Blount has not made the
requisite showing. See Miller-El v. Cockrell, 123 S. Ct. 1029, 2003
WL 431659, at *10 (U.S. Feb. 25, 2003) (No. 01-7662). Accordingly,
we deny a certificate of appealability, deny Blount’s motion for in
forma pauperis status, 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