United States v. Bowman , 213 F. App'x 207 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7201
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHRISTOPHER WAYNE BOWMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L. Voorhees,
District Judge. (5:01-cr-00033-2; 5:06-cv-00067)
Submitted: January 18, 2006 Decided: January 22, 2007
Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Christopher Wayne Bowman, Appellant Pro Se. Gretchen C.F. Shappert,
United States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Christopher Wayne Bowman seeks to appeal the district
court’s orders denying relief on his 28 U.S.C. § 2255 (2000) motion
and subsequent Fed. R. Civ. P. 60(b) 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); Reid v. Angelone, 369
F.3d 363, 371 (4th Cir. 2004); Rose v. Lee, 252 F.3d 676, 683 (4th
Cir. 2001). We have independently reviewed the record and conclude
that Bowman 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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