UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7879
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ALVON ALLEN THOMAS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District
of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief
District Judge. (CR-97-118, CA-04-535-1)
Submitted: January 27, 2005 Decided: February 7, 2005
Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Alvon Allen Thomas, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
PER CURIAM:
Alvon Allen Thomas seeks to appeal from the district
courts’ orders: (1) construing his 28 U.S.C. § 2241 (2000) petition
as a 28 U.S.C. § 2255 (2000) motion and transferring it to the
proper district court, and (2) dismissing his motion as a successive
§ 2255 motion for which authorization had not been obtained. The
orders are not appealable 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 or her
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 Thomas 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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