United States v. Hadden , 61 F. App'x 99 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7739
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DONATHAN WAYNE HADDEN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Cameron M. Currie, District Judge.
(CR-98-156)
Submitted: March 20, 2003 Decided: April 17, 2003
Before LUTTIG, WILLIAMS, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donathan Wayne Hadden, Appellant Pro Se. Alfred William Walker
Bethea, Assistant United States Attorney, Florence, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Donathan Wayne Hadden seeks to appeal the district court’s
orders dismissing his 28 U.S.C. § 2255 (2000) motion in part and
denying his motion for reconsideration. 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 on the merits absent “a
substantial showing of the denial of a constitutional right.” 28
U.S.C. § 2253(c)(2) (2000); see Miller-El v. Cockrell, 123 S. Ct.
1029, 1040 (2003). As to claims dismissed by a district court
solely on procedural grounds, a certificate of appealability will
not issue unless the movant can demonstrate both “(1) ‘that jurists
of reason would find it debatable whether the [motion] states a
valid claim of the denial of a constitutional right’ and (2) ‘that
jurists of reason would find it debatable whether the district
court was correct in its procedural ruling.’” Rose v. Lee, 252
F.3d 676, 684 (4th Cir.) (quoting Slack v. McDaniel, 529 U.S. 473,
484 (2000)), cert. denied, 534 U.S. 941 (2001). We have
independently reviewed the record and conclude that Hadden has not
satisfied either standard. Accordingly, we deny a certificate of
appealability and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
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