US v. Mateen Abdul-Aziz
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MATEEN J. ABDUL-AZIZ, Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Frederick P. Stamp, Jr., Senior District Judge. (1:03-cr-00039-FPS-JSK-1; 1:05-cv-00086-FPS-JSK)
July 31, 2009
August 14, 2009
Before MOTZ and Circuit Judge.
Dismissed by unpublished per curiam opinion.
Mateen J. Abdul-Aziz, Appellant Pro Se. Shawn Angus Morgan, Assistant United States Attorney, Clarksburg, West Virginia; John Castle Parr, Assistant United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Mateen court's order J. Abdul-Aziz the seeks to appeal of the district
judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. justice or The order is not appealable unless a circuit issues a certificate of appealability. 28
U.S.C. § 2253(c)(1) (2006). not issue absent "a
A certificate of appealability will showing of the denial (2006). of a A that the or
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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 Abdul-Aziz has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
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