UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6571
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MUHAMMED MAHDEE ABDULLAH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:04-cr-00371-F-1; 5:08-cv-00019-F)
Submitted: September 4, 2009 Decided: September 16, 2009
Before MICHAEL, MOTZ, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Muhammed Mahdee Abdullah, Appellant Pro Se. Anne Margaret
Hayes, Assistant United States Attorney, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Muhammed Mahdee Abdullah seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2255 (2006)
motion. The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1). A certificate of appealability will not issue
absent “a substantial showing of the denial of a constitutional
right.” Id. § 2253(c)(2) (2006). 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 Abdullah 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
2