Felix Oriakhi v. US
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
April 16, 2009
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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
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
Oriakhi we deny
showing. deny We legal
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.
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