UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7353
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DEMOND ANDRE JACKSON,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (CR-99-15-3; CA-01-31-3)
Submitted: January 29, 2004 Decided: February 5, 2004
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jeffrey M. Brandt, Cincinnati, Ohio, for Appellant. Michael Lee
Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Demond Jackson seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2255 (2000) motion. Jackson cannot
appeal this order unless a circuit judge or justice issues a
certificate of appealability, and 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 habeas
appellant meets 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,
326 (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 Jackson 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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