US v. Kalu Kalu, No. 13-6868 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6868 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KALU KALU, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:09-cr-00061-D-1; 5:12-cv-00142-D) Submitted: September 19, 2013 Decided: October 21, 2013 Before DAVIS, WYNN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Kalu Kalu, Appellant Pro Se. Shailika K. Shah, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kalu Kalu seeks to appeal the district court s order denying relief motion. The order is not appealable unless a circuit justice or judge issues on a his 28 U.S.C.A. certificate of § 2255 (West appealability. Supp. 28 2013) U.S.C. § 2253(c)(1)(B) (2006). 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) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). We have independently reviewed the record and conclude that Kalu has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with contentions are oral argument adequately because presented in the the facts and legal materials before this court and argument would not aid the decisional process. DISMISSED 2

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