UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7314
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GANNY GEORGE MUSTAPHA, a/k/a Benjamin F.
Okorocha, a/k/a Ganny G. Mustapha, a/k/a
George Mustafa, a/k/a G, a/k/a G. Harris,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (CR-02-96; CA-04-618-3)
Submitted: January 26, 2006 Decided: February 2, 2006
Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ganny George Mustapha, Appellant Pro Se. Gurney Wingate Grant, II,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ganny George Mustapha, a federal prisoner, seeks to
appeal the district court’s order denying relief on his 28 U.S.C.
§ 2255 (2000) motion. An appeal may not be taken from the final
order in a post-conviction proceeding 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
the district court’s assessment of his constitutional claims is
debatable and that any dispositive procedural rulings by the
district court are also debatable or wrong. See Miller-El v.
Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S.
473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).
We have independently reviewed the record and conclude that
Mustapha has not made the requisite showing. Accordingly, we deny
Mustapha’s motion for a certificate of appealability and dismiss
the appeal. 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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