UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6156

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BERNICE BONITA GWALTNEY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CR-02-215; CA-04-332-2)

Submitted: November 22, 2005 Decided: December 2, 2005

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Allen Ratliff, SHIELDS, RATLIFF, GREEN & KERN, Mobile, Alabama, for Appellant. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Bernice Bonita Gwaltney, a federal prisoner, seeks to

appeal the district court’s order denying relief on her 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 the district court’s assessment of her

constitutional claims is 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 Gwaltney 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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