US v. Olanitan Michael Olaniyi


UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 16-6125 Doc: 7 Filed: 07/25/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6125 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OLANITAN MICHAEL OLANIYI, a/k/a Richard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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6125 Doc: 7 Filed: 07/25/2016 Pg: 2 of 3 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 Appeal: 16-6125 Doc: 7 contentions Filed: 07/25/2016 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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