US v. Oriakhi

Filing 920070201

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7886 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus FELIX ORIAKHI, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, District Judge. (1:90cr-00072-PJM; 1:05-cv-3389-PJM) Submitted: January 25, 2007 Decided: February 1, 2007 Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Felix Oriakhi, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Felix Oriakhi, a federal prisoner, seeks a certificate of appealability to appeal the district court's denial of his Fed. R. Civ. P. 60(b) motion, which the district court correctly construed as a successive motion pursuant to 28 U.S.C. 2255 (2000). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 2253(c)(2) (2000). A prisoner satisfies this 28 U.S.C. standard by demonstrating that reasonable jurists would find that the district court's assessment of his constitutional claims is debatable and that any dispositive procedural rulings by the district court are likewise debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Oriakhi has not made the requisite showing. Accordingly, we deny a certificate of We dispense with oral appealability and dismiss the appeal. 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 - 2 -

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