UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6178
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EARL SYLVESTER TURNER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CR-99-119, CA-01-794)
Submitted: April 24, 2003 Decided: May 2, 2003
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Earl Sylvester Turner, Appellant Pro Se. Richard Barton Campbell,
Sara Elizabeth Flannery, OFFICE OF THE UNITED STATES ATTORNEY,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Earl Sylvester Turner 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 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). 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 Turner has not made a substantial showing of the
denial of a constitutional right. See Miller-El v. Cockrell, 123
S. Ct. 1029, 1039 (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