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Steven McKELVEY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee

United States Court of Appeals for the Fourth Circuit2004-04-22No. No. 03-7944
94 F. App'x 994

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Opinion

majority opinion

PER CURIAM.

Steven McKelvey seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2255 (2000). An appeal may not be taken from the final order in a § 2255 proceeding unless a circuit justice or judge is sues 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 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 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that McKelvey has not made the requisite showing.

Accordingly, we deny McKelvey a certificate of appealability and dismiss the appeal. We grant McKelvey’s motion to file an .oversized informal brief. .We deny McKelvey’s motion for transcripts at government expense. 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