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UNITED STATES of America, Plaintiff-Appellee, v. Linwood Lee RUFFIN, a/k/a Lenny, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2003-07-28No. No. 03-6838
70 F. App'x 131

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Opinion

majority opinion

PER CURIAM.

Linwood Lee Ruffin seeks to appeal the district court’s order and judgment denying relief on his motion filed under 28 U.S.C. § 2255 (2000). An appeal may not be taken to this court from the final order in a proceeding 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); see Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). We have independently reviewed the record and conclude that Ruffin has not satisfied that standard. Accordingly, we deny a certificate of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). 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.