United States v. Michael Oginni ( 2023 )

USCA4 Appeal: 22-7216 Doc: 9 Filed: 03/21/2023 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7215
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL IBUKUN OGINNI,
Defendant - Appellant.
No. 22-7216
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL IBUKUN OGINNI,
Defendant - Appellant.
Appeals from the United States District Court for the Eastern District of Virginia, at
Alexandria. Liam O’Grady, Senior District Judge. (1:18-cr-00231-LO-1; 1:20-cv-01596-
LO; 1:17-cr-00172-LO-1; 1:20-cv-01598-LO)
Submitted: March 16, 2023 Decided: March 21, 2023
USCA4 Appeal: 22-7216 Doc: 9 Filed: 03/21/2023 Pg: 2 of 3
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Ibukun Oginni, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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USCA4 Appeal: 22-7216 Doc: 9 Filed: 03/21/2023 Pg: 3 of 3
PER CURIAM:
Michael Ibukun Oginni seeks to appeal the district court’s order denying relief on
his 28 U.S.C. § 2255 motion. The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). 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). When the district court denies relief on the merits, a
prisoner satisfies this standard by demonstrating that reasonable jurists could find the
district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis, 580 U.S. 100, 115-17 (2017). 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.
Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473,
484 (2000)).
We have independently reviewed the record and conclude that Oginni has not made
the requisite showing. Accordingly, we deny certificates of appealability and dismiss the
appeals. We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED
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