UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6214
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RODNEY WILLIAMS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (CR-97-583, CA-02-2639-2-23)
Submitted: April 17, 2003 Decided: April 23, 2003
Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rodney Williams, Appellant Pro Se. Scott Newton Schools, OFFICE OF
THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rodney Williams seeks to appeal the district court’s orders
denying relief on his motion filed under 28 U.S.C. § 2255 (2000)
and his motion for reconsideration under Rule 59(e) of the Federal
Rules of Civil Procedure. An appeal may not be taken to this court
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). When, as here, a district court dismisses a
§ 2255 motion solely on procedural grounds, a certificate of
appealability will not issue unless the petitioner can demonstrate
both “(1) ‘that jurists of reason would find it debatable whether
the petition states a valid claim of the denial of a constitutional
right’ and (2) ‘that jurists of reason would find it debatable
whether the district court was correct in its procedural ruling.’”
Rose v. Lee, 252 F. 3d 676, 684 (4th Cir.) (quoting Slack v.
McDaniel, 529 U.S. 473, 484 (2000)), cert. denied, 534 U.S. 941
(2001). We have independently reviewed the record and conclude that
Williams has not made the requisite showing. 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