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UNITED STATES of America, Plaintiff-Appellee, v. Tommy Wright LANIER, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2003-12-03No. No. 03-6767
81 F. App'x 789

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Opinion

majority opinion

PER CURIAM.

Tommy Wright Lanier seeks to appeal the district court’s order denying relief on his motion filed under § 2255 (2000). An appeal may not be taken 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 for claims addressed by the 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 that Lanier has not made the requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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