UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6732
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CARL W. COBBS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District Judge.
(CR-99-174, CA-02-308)
Submitted: July 10, 2003 Decided: July 17, 2003
Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Carl W. Cobbs, Appellant Pro Se. Stephen Wiley Miller, S. David
Schiller, Shannon Leigh Taylor, OFFICE OF THE UNITED STATES
ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Carl W. Cobbs seeks to appeal the district court’s order
denying his 28 U.S.C. § 2255 (2000) motion. 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 Cobbs has not made the requisite showing. See
Miller-El v. Cockrell, 537 U.S. 322 (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