US v. Mateen Abdul-Aziz, No. 08-8512 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8512 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MATEEN J. ABDUL-AZIZ, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Frederick P. Stamp, Jr., Senior District Judge. (1:03-cr-00039-FPS-JSK-1; 1:05-cv-00086-FPS-JSK) Submitted: July 31, 2009 Before MOTZ and Circuit Judge. AGEE, Decided: Circuit Judges, and August 14, 2009 HAMILTON, Senior Dismissed by unpublished per curiam opinion. Mateen J. Abdul-Aziz, Appellant Pro Se. Shawn Angus Morgan, Assistant United States Attorney, Clarksburg, West Virginia; John Castle Parr, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mateen court s order J. Abdul-Aziz accepting the seeks to appeal recommendation of the the district magistrate judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. justice or The order is not appealable unless a circuit judge issues a certificate U.S.C. § 2253(c)(1) (2006). not issue absent constitutional prisoner a satisfies reasonable jurists constitutional 28 this would claims by appealability. 28 A certificate of appealability will substantial right. of showing U.S.C. the the denial § 2253(c)(2) standard find of by that district (2006). demonstrating any assessment court is of a A that of the 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 Abdul-Aziz has not made the requisite showing. certificate dispense of with appealability oral argument and Accordingly, we deny a dismiss because the the appeal. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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