UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6820
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CORNELIUS KOLLOCK,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Malcolm J. Howard, District
Judge. (CR-00-158, CA-02-103)
Submitted: July 15, 2003 Decided: August 6, 2003
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Cornelius Kollock, Appellant Pro Se. Anna Mills Wagoner, United
States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Cornelius Kollock seeks to appeal the district court’s order
and judgment adopting the magistrate judge’s report and
recommendation and denying relief on his motion filed under 28
U.S.C. § 2255 (2000). An appeal may not be taken to this court
from the final order in a proceeding 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); see Miller-El v. Cockrell, 537 U.S. 322
(2003). We have independently reviewed the record and conclude
that Kollock has not satisfied that standard. Accordingly, we deny
a certificate of appealability and dismiss the appeal. See 28
U.S.C. § 2253(c) (2000). 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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