UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7445

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

TERRY CHARLES JENKINS,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. C. Weston Houck, Senior District Judge. (CR-96-358; CA-00-3097)

Submitted: January 27, 2005 Decided: February 3, 2005

Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Terry Charles Jenkins, Appellant Pro Se. Scott Newton Schools, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Terry Charles Jenkins seeks to appeal the district

court’s order denying relief on his motion filed under

(2000). The order is not appealable 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 Jenkins has not made the requisite

showing. 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

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