UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7676

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BENNIE JAY EATMON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CR-00-127-BO; CA-03-679-5-BO)

Submitted: December 16, 2005 Decided: February 2, 2006

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bennie Jay Eatmon, Appellant Pro Se. Dennis M. Duffy, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Bennie Jay Eatmon, a federal prisoner, seeks to appeal

the district court’s order denying his

(2000)

motion. 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 Eatmon’s supplemental filings and conclude that Eatmon

has not made the requisite showing. Accordingly, although we grant

Eatmon’s motions to amend, we deny a certificate of appealability

and dismiss the appeal. We further deny Eatmon’s motion for

discovery, motion for abeyance, and motion for a new trial.

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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