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PER CURIAM: Pedro Martinez-Patricio seeks to appeal the district court’s order adopting the magistrate judge’s report and recommendation and denying relief on his motion filed under 28 U.S.C. § 2255 (2000). We have independently reviewed the record and conclude that Martinez-Patricio has not made a substantial showing of the denial of a constitutional right. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). Accordingly, we deny a certificate of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). 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.
Document Info
Docket Number: No. 02-7652
Judges: Michael, Traxler, Wilkinson
Filed Date: 6/3/2003
Precedential Status: Precedential
Modified Date: 11/6/2024