UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6870
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ALBERT GARY TAYLOR,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
District Judge. (CR-00-127-A, CA-03-573-1)
Submitted: September 19, 2003 Decided: October 14, 2003
Before LUTTIG, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Albert Gary Taylor, Appellant Pro Se. Michael Edward Rich, OFFICE
OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Albert Gary Taylor seeks to appeal the district court’s order
construing his petition for a writ of error coram nobis as a 28
U.S.C. § 2255 (2000) motion and dismissing the motion. 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 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 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, 1039 (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
Taylor 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