100 FAPPX 928 - United States v. Fields

                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 04-6296



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


DONALD JEROME FIELDS,

                                            Defendant - Appellant.



Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-00-405; CA-02-980-1)


Submitted:   June 10, 2004                 Decided:   June 18, 2004


Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Donald Jerome Fields, Appellant Pro Se. Steven Hale Levin, OFFICE
OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

           Donald Jerome Fields appeals the district court’s order

accepting the report and recommendation of a magistrate judge and

denying his

28 U.S.C. § 2255

 (2000) motion to vacate his sentence.

An appeal may not be taken to this court 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 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   jurists     of   reason    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); Rose v. Lee,

252 F.3d 676, 683

 (4th Cir. 2001).

           We have reviewed the record and conclude that Fields has

not made the requisite showing. We therefore 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 in the decisional process.



                                                                      DISMISSED


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