Felix Oriakhi v. US, No. 08-8390 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8390 FELIX ORIAKHI, Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:08-cv-00893-PJM; 1:90-cr-00072-PJM-12) Submitted: April 16, 2009 Decided: April 24, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Felix Oriakhi, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Felix Oriakhi seeks to appeal the district court s order construing his Petition for Writ of Audita Querela as a motion pursuant to 28 U.S.C. § 2255 (2000), and denying it for failure to first obtain authorization from this court to file a See 28 U.S.C. §§ 2244(b)(2), 2255 successive § 2255 motion. (2006). He also seeks to appeal the district court s order denying his Fed. R. Civ. P. 59(e) motion. appealable unless a circuit certificate of issues a 28 U.S.C. § 2253(c)(1) (2000). certificate of appealability. justice The orders are not A appealability will or not judge issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. standard § by 2253(c)(2) (2000). demonstrating that A prisoner reasonable satisfies jurists this 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). conclude We that Accordingly, have Oriakhi we deny independently has a not reviewed made certificate the of the record requisite showing. appealability, Oriakhi s motion to consolidate, and dismiss the appeal. dispense with oral argument because 2 the facts and and deny We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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