Samuel Wesley-El, a/k/a Rick, a/k/a Samuel Wesley, Jr. v. J. D. WHITEHEAD, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8047
SAMUEL WESLEY-EL, a/k/a Rick, a/k/a Samuel Wesley, Jr.,
Petitioner - Appellant,
v.
J. D. WHITEHEAD, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:97-cr-00033-CCB-1; 1:08-cv-01958-CCB)
Submitted: January 15, 2009 Decided: January 23, 2009
Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Samuel Wesley-El, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Samuel Wesley-El seeks to appeal the district court’s
order construing his petition filed under 28 U.S.C. § 2241
(2006), as a successive 28 U.S.C. § 2255 (2006) motion and
dismissing it for lack of jurisdiction, and the court’s order
denying reconsideration. The orders are not appealable unless a
circuit justice or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1) (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). 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 that Wesley-El
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

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