US v. Olanitan Michael Olaniyi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:13-cr-00072-BR-1,4:15-cv-00071-BR Copies to all parties and the district court/agency. [999895761]. Mailed to: Olanitan Michael Olaniyi RIVERS CORRECTIONAL INSTITUTION P. O. Box 630 Winton, NC 27986-0000. [16-6125]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6125

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OLANITAN MICHAEL OLANIYI, a/k/a Richard Allman, a/k/a Thomas
Duval, a/k/a Gabriel Palmer, a/k/a Michael Salman, a/k/a
Michael Stanley,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville.
W. Earl Britt,
Senior District Judge. (4:13-cr-00072-BR-1; 4:15-cv-00071-BR)

Submitted:

July 21, 2016

Decided:

July 25, 2016

Before SHEDD, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Olanitan Michael Olaniyi, Appellant Pro Se.
Stephen Aubrey
West, Assistant United States Attorney, Susan Beth Menzer, Seth
Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Olanitan

Michael

Olaniyi

denying

relief

seeks

28

U.S.C.

the

district

order

motion.

The order is not appealable unless a circuit justice or
issues

a

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

his

appeal

court’s

judge

on

to

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

of

a

When the

district court denies relief on the merits, a prisoner satisfies
this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district court’s assessment of the constitutional
claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive
procedural ruling is debatable, and that the motion states a
debatable claim of the denial of a constitutional right.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Olaniyi has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3