United States v. Lanier , 81 F. App'x 789 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6767
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TOMMY WRIGHT LANIER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (CR-94-25-F, CA-98-88-7-F)
Submitted: November 19, 2003 Decided: December 3, 2003
Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
George Alan DuBois, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh,
North Carolina, for Appellant. Doug McCullough, OFFICE OF THE
UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tommy Wright Lanier seeks to appeal the district court’s order
denying relief on his motion filed under § 2255 (2000). 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 for claims addressed by the district court on the merits
absent “a substantial showing of the denial of a constitutional
right.” 28 U.S.C. § 2253(c)(2) (2000). We have independently
reviewed the record and conclude that Lanier has not made the
requisite showing. See Miller-El v. Cockrell, 537 U.S. 322 (2003).
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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