UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6028
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DOUGLAS HAYTH BREWBAKER,
Defendant - Appellant.
No. 04-6042
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DOUGLAS HAYTH BREWBAKER,
Defendant - Appellant.
Appeals from the United States District Court for the Eastern
District of North Carolina, at Wilmington. W. Earl Britt, Senior
District Judge. (CR-00-77-BR; CA-01-186-7-BR)
Submitted: March 5, 2004 Decided: March 16, 2004
Before WIDENER, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sue Ann Genrich Berry, BOWEN, BERRY & POWERS, Wilmington, North
Carolina, for Appellant. 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Unpublished opinions are not binding precedent in this circuit.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).
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PER CURIAM
In these consolidated appeals, Douglas Hayth Brewbaker
seeks to appeal the district court's orders and judgment denying
relief on his motion filed under 28 U.S.C. § 2255 (2000). 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 for claims addressed by the 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 that Brewbaker 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
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