US v. Paul Omoregbee
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PAUL OSARIASE MONDAY OMOREGBEE, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:99-cr-00055-BO-1; 5:06-cv-00509-BO)
November 20, 2008
December 2, 2008
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Paul Osariase Monday Omoregbee, Appellant Pro Se. Steve R. Matheny, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Paul Osariase Monday Omoregbee seeks to appeal the
district court's order denying relief on his 28 U.S.C. § 2255 (2000) motion. justice or judge The order is not appealable unless a circuit issues a certificate of appealability. 28
U.S.C. § 2253(c)(1) (2000). not issue absent "a
A certificate of appealability will showing of the denial (2000). of a A that the or
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
wrong and that any dispositive procedural ruling by the district court is likewise debatable. 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 Omoregbee has not made the requisite showing. Accordingly, we deny a We also We legal
certificate of appealability and dismiss the appeal. deny Omoregbee's with motions for appointment because the of
contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
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