United States v. Richardson ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7800
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TERENCE JEROME RICHARDSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District
Judge. (CR-00-383)
Submitted: February 23, 2006 Decided: March 6, 2006
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Terence Jerome Richardson, Appellant Pro Se. David John Novak,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Terence Jerome Richardson seeks to appeal the district
court’s order denying relief on his Fed. R. Civ. P. 59(e), in which
he sought reconsideration of the denial of 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)
(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 Richardson has not made the requisite showing. See
Miller-El v. Cockrell, 537 U.S. 322, 336 (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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