UNITED STATES of America, Plaintiff-Appellee, v. Leroy Ricardo SMALLS, Defendant-Appellant, 157 F. App'x 626

PER CURIAM: Leroy Ricardo Smalls seeks to appeal the district comet’s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000), and the district court’s denial of his motion for a certificate of appealability. 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. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by the district court on the merits absent “a substantial showing fo the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).

We have independently reviewed the record and conclude that Smalls has not made the requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). 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