United States of America v. Abayomi Owosheni Shokunbi

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7131
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ABAYOMI OWOSHENI SHOKUNBI,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District
Judge. (CR-03-223-REP; CA-04-787-REP)
Submitted: December 19, 2005 Decided: January 11, 2006
Before LUTTIG, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Abayomi Owosheni Shokunbi, Appellant Pro Se. Stephen David
Schiller, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Abayomi Owosheni Shokunbi seeks to appeal the district
court’s order denying his motion filed under 28 U.S.C. § 2255
(2000). The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C. § 2253(c)
(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
also 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 Shokunbi has not made the
requisite showing. Accordingly, we deny Shokunbi leave to proceed
in forma pauperis, deny a certificate of appealability, and dismiss
this 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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