United States of America v. Darnell James Cook, a/k/a Gingerbread

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6187
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DARNELL JAMES COOK, a/k/a Gingerbread,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CR-
94-454-PJM; CA-01-2912-PJM)
Submitted: September 9, 2004 Decided: September 14, 2004
Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Darnell James Cook, Appellant Pro Se. Chan Park, OFFICE OF THE
UNITED STATES ATTORNEY, Greenbelt, Maryland; James Clarke Howard,
CHESAPEAKE MERIDIAN, Annapolis, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Darnell James Cook, a federal prisoner, seeks to appeal
the district court’s orders denying relief on his motion under 28
U.S.C. § 2255 (2000) and denying his motion for reconsideration.
The orders are 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 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, 336 (2003);
Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
676, 683 (4th Cir. 2001). We have independently reviewed the
record and conclude that Cook 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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