United States v. Gormley ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6554
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PURVIS H. GORMLEY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-96-6-V, CA-01-55-3-V)
Submitted: May 29, 2003 Decided: June 6, 2003
Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Purvis H. Gormley, Appellant Pro Se. Gretchen C.F. Shappert,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Purvis H. Gormley 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 to this court 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
a 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 Gormley
has not made a substantial showing of the denial of a
constitutional right. See Miller-El v. Cockrell, 123 S. Ct. 1029,
1039 (2003). Accordingly, we deny a certificate of appealability
and dismiss the appeal. See 28 U.S.C. § 2253(c). 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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