UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7156
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MELVIN HAUSER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-02-770-7)
Submitted: May 15, 2003 Decided: May 20, 2003
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Melvin Hauser, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Melvin Hauser seeks to appeal the district court’s order
construing his 28 U.S.C. § 2241 (2000) petition as a successive 28
U.S.C. § 2255 (2000) motion and dismissing it without prejudice.
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). When, as here,
a district court dismisses a § 2255 motion solely on procedural
grounds, a certificate of appealability will not issue unless the
movant can demonstrate both “(1) ‘that jurists of reason would find
it debatable whether the petition states a valid claim of the
denial of a constitutional right’ and (2) ‘that jurists of reason
would find it debatable whether the district court was correct in
its procedural ruling.’” Rose v. Lee, 252 F. 3d 676, 684 (4th
Cir.) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)), cert.
denied, 534 U.S. 941 (2001). We have independently reviewed the
record and conclude that Hauser has not made the requisite showing.
See Miller-El v. Cockrell, 123 S. Ct. 1029, 1039 (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