United States v. Bunn , 101 F. App'x 411 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6643
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KERMIT W. BUNN,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CR-99-9; CA-02-135-5)
Submitted: June 16, 2004 Decided: June 28, 2004
Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Susan Graham James, Montgomery, Alabama, for Appellant. Robert H.
McWilliams, Jr., Assistant United States Attorney, Michael D.
Stein, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West
Virginia; David Earl Godwin, Assistant United States Attorney,
Clarksburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kermit Wayne Bunn moves for a certificate of
appealability to challenge the district court’s denial of his
petition for a certificate of appealability from its order denying
his 28 U.S.C. § 2255 (2000) motion. 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 habeas
appellant meets 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,
326 (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 Bunn has not made the requisite
showing. Accordingly, we deny Bunn’s motion 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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