UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6891

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

JAMES ROCKETT, III, a/k/a James Rocket, a/k/a James Rockett,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Walter D. Kelley, Jr., District Judge. (2:05-cr-00135-WDK-JEB-1; 2:07-cv-00336-WDK)

Submitted: December 11, 2008 Decided: December 23, 2008

Before KING, SHEDD, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Rockett, III, Appellant Pro Se. Darryl James Mitchell, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

James Rockett, III, seeks to appeal the district

court’s order denying relief on his

(2000)

motion. 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 any assessment of the

constitutional claims by the district court is debatable or

wrong and that any dispositive procedural ruling by the district

court is likewise debatable. Miller-El v. Cockrell,

(2003); Slack v. McDaniel,

(2000);

Rose v. Lee,

(4th Cir. 2001). We have

independently reviewed the record and conclude that Rockett has

not made the requisite showing. Accordingly, we deny a

certificate of appealability and dismiss the appeal.

Additionally, we deny Rockett’s motions for production of

transcripts and to expand the record. 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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