UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6397
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
THOMAS JEFFERSON PRICE, III, a/k/a Thomas
Price,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Frank W. Bullock, Jr.,
District Judge. (CR-98-104, CA-02-1065-1)
Submitted: May 15, 2003 Decided: May 27, 2003
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Thomas Jefferson Price, III, Appellant Pro Se. David Paul Folmar,
Jr., Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Thomas Jefferson Price, III appeals the district court’s order
accepting the magistrate judge’s recommendation to dismiss his
civil complaint as a successive and unauthorized 28 U.S.C. § 2255
(2000) motion. We conclude Price cannot establish a basis for
appellate relief. Price cannot appeal this order unless a circuit
judge or justice issues a certificate of appealability. 28 U.S.C.
§ 2253(c) (2000). A certificate of appealability will not issue
absent “a substantial showing of the denial of a constitutional
right.” 28 U.S.C. § 2253(c)(2) (2000). Price must demonstrate
reasonable jurists would find that his constitutional claims are
debatable, and that the district court’s dispositive procedural
rulings are debatable or wrong. See Miller-El v. Cockrell, 123 S.
Ct. 1029, 1040 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
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 Price has not made the requisite showing. 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