UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6940

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

QUINTIN O’DELL MCMILLAN,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (CR-04-150; CA-05-141)

Submitted: November 22, 2005 Decided: December 5, 2005

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Quinton O’Dell McMillan, Appellant Pro Se. Roderick Charles Young, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Quintin O’Dell McMillan seeks to appeal the district

court’s order dismissing his

(2000) motion. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. See

(c)(1) (2000);

Reid v. Angelone,

(4th Cir. 2004). 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

McMillan 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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