UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6159
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SHERRELL GARY BRINKLEY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CR-91-131-P, CA-02-301-3-2-MU)
Submitted: June 30, 2003 Decided: July 10, 2003
Before WILKINSON, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sherell Gary Brinkley, Appellant Pro Se. Jennifer Marie Hoefling,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Sherrell Gary Brinkley, a federal prisoner, seeks to appeal
the district court’s order denying relief on his petition 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 absent “a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).
A prisoner satisfies this standard by demonstrating that reasonable
jurists would find both that his constitutional claims are
debatable and that any dispositive procedural rulings by the
district court are also debatable or wrong. See Miller-El v
Cockrell, 537 U.S. 322, 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 Brinkley 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
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