Chris Parks seeks to appeal the district court’s order affirming and adopting in part the magistrate judge’s report and recommendation and denying his motion filed under 28 U.S.C. § 2255 (2000). We have reviewed the record and the district court’s memorandum opinion and conclude for the reasons stated by the district court that Parks has not made a substantial showing of the denial of a constitutional right. See United States v. Parks, Nos. CR-99-30; CA-01-15-5 (N.D.W.Va. July 15, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). We deny Park’s motion for appointment of counsel. 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.