UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7754
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DARIUS KEITH RAINEY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Samuel G. Wilson, Chief
District Judge, sitting by designation. (CR-98-93, CA-01-137-3)
Submitted: April 17, 2003 Decided: April 22, 2003
Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Darius Keith Rainey, Appellant Pro Se. Jennifer Marie Hoefling,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Darius Keith Rainey seeks to appeal the district court’s order
denying relief on his petition filed under 28 U.S.C. § 2254 (2000).
We have independently reviewed the record and conclude that Rainey
has not demonstrated that reasonable jurists would find the
district court’s assessment of his constitutional claims debatable
or wrong. See Miller-El v. Cockrell, U.S. , 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
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