UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6810

GREGORY ROLAND PRUESS,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (CR-97-300; CA-01-59-5)

Submitted: December 16, 2004 Decided: December 21, 2004

Before MICHAEL, KING, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gregory Roland Pruess, Appellant Pro Se. Jennifer Marie Hoefling, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Gregory Roland Pruess seeks to appeal the district

court’s order denying his motion for reconsideration of its order

denying Pruess’ motion for relief filed under

(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.

(c)(1) (2000). A

certificate of appealability will not issue absent a “substantial

showing of the denial of a constitutional right.”

(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,

(2003); Slack

v. McDaniel,

(2000); Rose v. Lee,

(4th Cir. 2001). We have independently reviewed the record and

conclude that Pruess has not made the requisite showing.

Accordingly, we deny Pruess’ motion for remand, 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

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