UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7886
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FELIX ORIAKHI,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, District Judge. (1:90-
cr-00072-PJM; 1:05-cv-3389-PJM)
Submitted: January 25, 2007 Decided: February 1, 2007
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Felix Oriakhi, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Felix Oriakhi, a federal prisoner, seeks a certificate of
appealability to appeal the district court’s denial of his Fed. R.
Civ. P. 60(b) motion, which the district court correctly construed
as a successive motion pursuant to 28 U.S.C. § 2255 (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
likewise debatable or wrong. See 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 Oriakhi has not
made the requisite showing. Accordingly, we deny 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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