Samuel Wesley-El v. J.D. Whitehead

Filing 920090123

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8047

SAMUEL WESLEY-EL, a/k/a Rick, a/k/a Samuel Wesley, Jr., Petitioner - Appellant, v. J. D. WHITEHEAD, Warden, Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:97-cr-00033-CCB-1; 1:08-cv-01958-CCB)

Submitted:

January 15, 2009

Decided:

January 23, 2009

Before MOTZ and Circuit Judge.

SHEDD,

Circuit

Judges,

and

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Samuel Wesley-El, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Samuel Wesley-El seeks to appeal the district court's order construing as a his petition 28 filed under § 2255 28 U.S.C. § 2241 and

(2006),

successive

U.S.C.

(2006)

motion

dismissing it for lack of jurisdiction, and the court's order denying reconsideration. The orders are not appealable unless a

circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability

will not issue absent "a substantial showing of the denial of a constitutional prisoner reasonable right." this would by 28 U.S.C. standard find the that § 2253(c)(2) by any (2006). A that the or

satisfies jurists

demonstrating assessment is of

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 Wesley-El has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal

dismiss the

with

because

facts

contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2