United States v. Tyree , 80 F. App'x 868 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6705
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTHONY TYREE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (CR-99-53-WMN, CA-01-2937-WMN)
Submitted: September 29, 2003 Decided: November 17, 2003
Before NIEMEYER, LUTTIG, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Tyree, Appellant Pro Se. Mythili Raman, OFFICE OF THE
UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Tyree seeks to appeal the district court’s order
denying relief on his motion filed under 28 U.S.C. § 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)(B) (2000). A certificate
of appealability will not issue for claims addressed by a district
court 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, ,
123 S. Ct. 1029, 1039 (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 Tyree 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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