The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7494
UNITED STATES OF AMERICA,
Respondent - Appellee,
versus
GEORGE ALDEN BROWN,
Petitioner - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (CR-99-242, CA-01-2348-2-23)
Submitted: April 25, 2003 Decided: May 30, 2003
Before NIEMEYER, GREGORY, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
George Alden Brown, Appellant Pro Se. Sean Kittrell, OFFICE OF THE
UNITED STATES ATTORNEY, Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
George Alden Brown seeks to appeal the district court’s order
denying his 28 U.S.C. § 2255 (2000) motion. An appeal may not be
taken from the final order in a motion under § 2255 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). We have independently reviewed the
record and conclude Brown has not made the requisite showing. See
Miller-El v. Cockrell, U.S. , 123 S. Ct. 1029 (2003).
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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