United States of America v. Stuart C. Cole

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6627
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
STUART C. COLE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-97-87-V, CA-99-424-3-V)
Submitted: July 18, 2003 Decided: August 18, 2003
Before LUTTIG, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Stuart C. Cole, Appellant Pro Se. Jennifer Marie Hoefling,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Stuart C. Cole, Jr., a federal prisoner, 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)
(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 both 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, 1040 (2003); Slack v.
McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683
(4th Cir.), cert. denied, 534 U.S. 941 (2001). We have
independently reviewed the record and conclude that Cole 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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