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126 F. App'x 142

United States v. Webb

U.S. Courts of Appeals

Decided April 21, 2005

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U.S. Courts of Appeals · decided 2005-04-21

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Slack v. McDaniel · Miller-El v. Cockrell Director Texas Department of Criminal Justice Institutional Division · Rose v. Lee

Decided 2005-04-21

                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 04-7561



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


GARY RAY WEBB,

                                             Defendant - Appellant.


Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.    James C. Fox, Senior
District Judge. (CR-94-122-F; CA-01-489-5-F)


Submitted:   April 1, 2005                 Decided:   April 21, 2005


Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Milton Gordon Widenhouse, Jr., RUDOLF, WIDENHOUSE & FIALKO, Chapel
Hill, North Carolina, for Appellant. Jane J. Jackson, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

            Gary Ray Webb seeks to appeal the district court’s order

dismissing as untimely his motion filed under
28 U.S.C. § 2255

(2000).    The order is 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).                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); Rose v. Lee,
252 F.3d 676, 683
 (4th Cir. 2001). We have independently reviewed the record and

conclude     that       Webb   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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