UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7137
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DONTRELL L. IVERY,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CR-01-22; CA-03-58)
Submitted: December 23, 2004 Decided: January 5, 2005
Before WILKINSON, WILLIAMS, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dontrell L. Ivery, Appellant Pro Se. David J. Perri, Assistant
United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dontrell L. Ivery seeks to appeal the district court’s
order accepting the recommendations of the magistrate judge and
denying relief on his motion filed under 28 U.S.C. § 2255 (2000).
We have independently reviewed the record and conclude that Ivery
has not made a substantial showing of the denial of a
constitutional right. See Miller-El v. Cockrell, 537 U.S. 322, 336
(2003). Accordingly, we deny a certificate of appealability and
dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). 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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