Felix Oriakhi v. US

Filing 920090424

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8390 FELIX ORIAKHI, Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:08-cv-00893-PJM; 1:90-cr-00072-PJM-12) Submitted: April 16, 2009 Decided: April 24, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Felix Oriakhi, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Felix Oriakhi seeks to appeal the district court's order construing his "Petition for Writ of Audita Querela" as a motion pursuant to 28 U.S.C. 2255 (2000), and denying it for failure to first obtain authorization from this court to file a successive 2255 motion. (2006). See 28 U.S.C. 2244(b)(2), 2255 He also seeks to appeal the district court's order The orders are not or judge issues a A "a denying his Fed. R. Civ. P. 59(e) motion. appealable unless a circuit justice certificate of appealability. certificate of 28 U.S.C. 2253(c)(1) (2000). will not issue absent appealability substantial showing of the denial of a constitutional right." 28 U.S.C. by 2253(c)(2) demonstrating (2000). that A prisoner satisfies would this find standard reasonable jurists that any assessment of the constitutional claims by the district court is debatable or 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). that We have independently has a not made reviewed the of the record and conclude Oriakhi we deny requisite showing. deny We legal Accordingly, certificate appealability, Oriakhi's motion to consolidate, and dismiss the appeal. dispense with oral argument because 2 the facts and contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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