United States v. Omoregbee , 301 F. App'x 210 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7846
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PAUL OSARIASE MONDAY OMOREGBEE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:99-cr-00055-BO-1; 5:06-cv-00509-BO)
Submitted: November 20, 2008 Decided: December 2, 2008
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Paul Osariase Monday Omoregbee, Appellant Pro Se. Steve R.
Matheny, Assistant United States Attorney, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Paul Osariase Monday Omoregbee seeks to appeal the
district court’s order denying relief on his 28 U.S.C. § 2255(2000) motion. The order is not appealable unless a circuit
justice or judge issues a certificate of appealability. 28
U.S.C. § 2253(c)(1) (2000). A certificate of appealability will
not issue absent “a substantial showing of the denial of a
constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A
prisoner satisfies this standard by demonstrating that
reasonable jurists would 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). We have
independently reviewed the record and conclude that Omoregbee
has not made the requisite showing. Accordingly, we deny a
certificate of appealability and dismiss the appeal. We also
deny Omoregbee’s motions for appointment of counsel. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
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