Edward Stargen seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his motion filed under 28 U.S.C. § 2255 (2000). We have reviewed the record and for the reasons stated by the district court find that Stargen has not made a substantial showing of the denial of a constitutional right. See United States v. Stargen, Nos. CR-99-30; CA-00-211-5 (N.D.W.Va. July 15, 2002). Accordingly, we deny a certificate of appealability and *639 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.