United States v. Stanley , 55 F. App'x 697 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7874
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CLARENCE ODELL STANLEY, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (CR-97-45-F, CA-00-58-7-F)
Submitted: February 6, 2003 Decided: February 13, 2003
Before WILKINS, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Clarence Odell Stanley, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Clarence Odell Stanley, Jr., a federal prisoner, seeks to
appeal the district court’s orders denying relief on his motion
filed under 28 U.S.C. § 2255 (2000) and his motion to reconsider.
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). 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 reviewed the record and
conclude for the reasons stated by the district court that Stanley
has not satisfied either standard. See United States v. Stanley,
Nos. CR-97-45-F; CA-00-58-7-F (E.D.N.C. filed June 12, 2002 &
entered June 13, 2002; filed Aug. 7, 2002 & entered Aug. 9, 2002).
Accordingly, we deny a certificate of appealability and dismiss the
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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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