UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7762
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WILLIAM PATRICK MILLER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Lyle E. Strom, Senior
District Judge, sitting by designation. (CR-98-7, CA-01-598-3)
Submitted: April 24, 2003 Decided: May 1, 2003
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Patrick Miller, Appellant Pro Se. Gretchen C.F. Shappert,
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Unpublished opinions are not binding precedent in this circuit.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:
William Patrick Miller 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 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); see Rose
v. Lee, 252 F.3d 676, 683 (4th Cir.), cert. denied, 534 U.S. 941
(2001). We have independently reviewed the record and conclude
that Miller has not made the requisite showing. See Miller-El v.
Cockrell, 123 S. Ct. 1029, 1039-40 (2003). 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