172 FAPPX 554 - United States v. Clapp

                              UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                              No. 05-7559



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


WILLIAM DAVID CLAPP, JR.,

                                              Defendant - Appellant.


Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James P. Jones, Chief District
Judge. (CR-02-67; CA-05-92-7)


Submitted:   March 20, 2006                 Decided:   March 28, 2006


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


Dismissed by unpublished per curiam opinion.


William David Clapp, Jr., Appellant Pro Se. Randy Ramseyer, United
States Attorney, Abingdon, Virginia, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

             William David Clapp, Jr., a federal prisoner, seeks to

appeal the district court’s order denying relief on 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) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that the district court’s assessment of his

constitutional      claims   is    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   Clapp    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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