UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7802
ALFRED MILTON RIVERA,
Plaintiff - Appellant,
versus
WARDEN BLEDSOE, United States Penitentiary -
Lee,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (CA-05-638-7)
Submitted: April 27, 2006 Decided: May 4, 2006
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Alfred Milton Rivera, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alfred Milton Rivera, a federal prisoner, appeals the
district court’s order that construed his petition he labeled as
filed under 28 U.S.C. § 2241 (2000) as a 28 U.S.C. § 2255 (2000)
motion and dismissed it as successive. 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 both
that the district court’s assessment of the constitutional claims
is debatable and that any dispositive procedural rulings by the
district court are also debatable or wrong. 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 Rivera 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
*
To the extent Rivera may be seeking authorization under 28
U.S.C. § 2244 (2000) to file a second and successive 28 U.S.C.
§ 2255 (2000) motion, such a motion should be filed in the circuit
in which he was sentenced.
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