UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7102
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RODDRICK KEMTRELL MCDONALD,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Richard L. Voorhees,
District Judge. (CR-94-44; CA-00-77)
Submitted: November 30, 2004 Decided: January 5, 2005
Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Roddrick Kemtrell McDonald, Appellant Pro Se. Thomas Richard
Ascik, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North
Carolina, Brian Lee Whisler, Assistant United States Attorney,
Richmond, Virginia, for Appellee
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Roddrick Kemtrell McDonald, a federal prisoner, seeks to
appeal the district court’s orders denying relief on his 28 U.S.C.
§ 2255 (2000) motion and motions for reconsideration. An appeal
may not be taken from the final order in a habeas corpus 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 McDonald 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
- 2 -