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No. 02-7156
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-02-770-7)
Submitted:
Decided:
PER CURIAM:
Melvin Hauser seeks to appeal the district courts order
construing his 28 U.S.C. 2241 (2000) petition as a successive 28
U.S.C. 2255 (2000) motion and dismissing it without prejudice.
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.
When, as here,
Cir.) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)), cert.
denied, 534 U.S. 941 (2001).
record and conclude that Hauser has not made the requisite showing.
See
Miller-El
v.
Cockrell,
123
S.
Ct.
1029,
1039
(2003).
DISMISSED