UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7814
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KEITH E. BRYANT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR-
95-202-CCB, CA-01-1161-CCB)
Submitted: April 30, 2003 Decided: May 19, 2003
Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Keith E. Bryant, Appellant Pro Se. James G. Warwick, OFFICE OF THE
UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Keith Bryant seeks to appeal the district court’s orders
denying his 28 U.S.C. § 2255 (2000) motion and denying his motion
for a new trial under Fed. R. Civ. P. 59(e). An appeal may not be
taken from the final order in a motion under § 2255 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 Bryant has not made the requisite showing. See
Miller-El v. Cockrell, U.S. , 123 S. Ct. 1029 (2003).
Accordingly, we deny Bryant’s motion for appointment of counsel and
an investigator, 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