UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6341
WIDNEY TREVOR DINNALL,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Joseph F. Anderson, Jr., Chief District
Judge. (CR-98-946-DWS; CA-03-2609-17-1)
Submitted: July 30, 2004 Decided: August 17, 2004
Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Widney Trevor Dinnall, Appellant Pro Se. Beth Drake, Assistant
United States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Widney Trevor Dinnall seeks to appeal the district
court’s orders dismissing his 28 U.S.C. § 2255 (2000) motion as
untimely and denying his Fed. R. Civ. P. 59(e) motion to
reconsider. An appeal may not be taken from either order unless a
circuit justice or judge issues a certificate of appealability.
See 28 U.S.C. § 2253(c)(1) (2000); Reid v. Angelone, 369 F.3d 363,
369 (4th Cir. 2004). 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 Dinnall has not made the requisite showing.
Accordingly, we deny a certificate of appealability and
dismiss the appeal. We also deny Dinnall’s motion to remand. 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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