United States v. Cobbs

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 17, 2003
• Docket: 03-6732
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6732

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CARL W. COBBS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge. (CR-99-174, CA-02-308)

Submitted: July 10, 2003 Decided: July 17, 2003

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Carl W. Cobbs, Appellant Pro Se. Stephen Wiley Miller, S. David Schiller, Shannon Leigh Taylor, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Carl W. Cobbs 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 Cobbs has not made the requisite showing. See

Miller-El v. Cockrell, 537 U.S. 322 (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