UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7894
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ERNEST LEIGH RICKETTS, a/k/a Ernie Ricketts,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CR-99-366, CA-01-326-3)
Submitted: April 17, 2003 Decided: April 22, 2003
Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marvin David Miller, Alexandria, Virginia, for Appellant. N. George
Metcalf, Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ernest Leigh Ricketts, 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 independently reviewed the record and conclude Ricketts has
not made a substantial showing of the denial of a constitutional
right. See Miller-El v. Cockrell, 123 S. Ct. 1029 (2003).
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