UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6682
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KENYON RAHEEN GADSDEN, a/k/a Kenny R. Jones,
a/k/a Todd Fuller, a/k/a Kenyon Raheen Gadsen,
a/k/a Kenya,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CR-96-182; CA-03-809-2)
Submitted: July 15, 2004 Decided: July 22, 2004
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kenyon Raheen Gadsden, Appellant Pro Se. Laura P. Tayman,
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kenyon Raheen Gadsden seeks to appeal the district
court’s order recharacterizing his petition filed under 28 U.S.C.
§ 2241 (2000) as a motion filed under 28 U.S.C. § 2255 (2000) and
dismissing it as untimely. 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, 336 (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 Gadsden 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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