Samuel Wesley-El v. J.D. Whitehead

Filing 920090123

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8047 SAMUEL WESLEY-EL, a/k/a Rick, a/k/a Samuel Wesley, Jr., Petitioner - Appellant, v. J. D.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 SHEDD, Circuit Judges, and HAMILTON, Senior Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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