DocketNumber： 05-6922
Citation Numbers： 152 F. App'x 296
Filed Date： 10/28/2005
Status： Non-Precedential
Modified Date： 10/31/2014
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6922 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LORENZO ADDERLY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CR-95-74; CA-05-380) Submitted: October 20, 2005 Decided: October 28, 2005 Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Lorenzo Adderly, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Lorenzo Adderly seeks to appeal from the district court’s order denying relief on his motion filed pursuant to28 U.S.C. § 2255
(2000). The order is not appealable 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 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 the district court’s assessment of his constitutional claims is 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
, 336-38 (2003); Slack v. McDaniel,529 U.S. 473
, 484 (2000); Rose v. Lee,252 F.3d 676
, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Adderly 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 - 2 -