Rehearing granted in
opinion filed 5/2/03;
opinion filed 2/12/03
is vacated
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7521
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GARVEY EUGENE PRUITT,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L. Voorhees,
District Judge. (CR-00-5-V, CA-02-94-5-1-V)
Submitted: February 6, 2003 Decided: February 12, 2003
Before WILKINS, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Garvey Eugene Pruitt, Appellant Pro Se. Robert Jack Higdon, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Garvey Eugene Pruitt seeks to appeal the district court’s
order denying relief on his motion filed under 28 U.S.C. § 2255
(2000). We have reviewed the record and conclude for the reasons
stated by the district court that Pruitt has not made a substantial
showing of the denial of a constitutional right. See United States
v. Pruitt, Nos. CR-00-5-V; CA-02-94-5-1-V (W.D.N.C. Sept. 27,
2002). Accordingly, we deny a certificate of appealability and
dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). We deny
Pruitt’s motion to hold this case in abeyance pending the district
court’s ruling on a certificate of appealability. 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
3