US v. Paul Omoregbee

Filing 920081202

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7846 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PAUL OSARIASE MONDAY OMOREGBEE, Defendant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) Submitted: November 20, 2008 Decided: 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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 substantial 28 constitutional prisoner reasonable right." this would by U.S.C. standard 2253(c)(2) by any satisfies jurists demonstrating assessment is of find the that constitutional claims district court debatable 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 counsel. and dispense oral argument facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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