UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7001
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LENNIE JERMAINE PETERSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Elizabeth City. Terrence W. Boyle,
Chief District Judge. (CR-00-16-BO)
Submitted: October 17, 2003 Decided: November 10, 2003
Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lennie Jermaine Peterson, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Lennie Jermaine Peterson seeks to appeal the district court’s
order denying relief on his motion filed under 28 U.S.C. § 2255
(2000). The order is not appealable 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, 1040 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have
independently reviewed the record and conclude that Peterson has
not made the requisite showing. Accordingly, we deny a certificate
of appealability and dismiss the appeal. We deny Peterson’s motion
for appointment of counsel and 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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