Filed: May 18, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6227 DUNCAN VICTOR AYEMERE IDOKOGI, Petitioner - Appellant, versus JOHN ASHCROFT; J. JOSEPH CURRAN, JR., Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson Everett Legg, Chief District Judge. (CA-04-230-L) Submitted: May 12, 2005 Decided: May 18, 2005 Before TRAXLER, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Duncan Vict
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6227 DUNCAN VICTOR AYEMERE IDOKOGI, Petitioner - Appellant, versus JOHN ASHCROFT; J. JOSEPH CURRAN, JR., Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson Everett Legg, Chief District Judge. (CA-04-230-L) Submitted: May 12, 2005 Decided: May 18, 2005 Before TRAXLER, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Duncan Victo..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6227
DUNCAN VICTOR AYEMERE IDOKOGI,
Petitioner - Appellant,
versus
JOHN ASHCROFT; J. JOSEPH CURRAN, JR.,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson Everett Legg, Chief District Judge.
(CA-04-230-L)
Submitted: May 12, 2005 Decided: May 18, 2005
Before TRAXLER, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Duncan Victor Ayemere Idokogi, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Duncan Victor Ayemere Idokogi seeks to appeal the
district court’s order denying relief on his motion for
reconsideration of the district court’s order denying relief on his
habeas corpus petition filed under 28 U.S.C. § 2254 (2000). The
order is not appealable unless a circuit justice or judge issues a
certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); see
Reid v. Angelone,
369 F.3d 363, 368-69, 374 n.7 (4th Cir. 2004).
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 both that the
district court’s assessment of the constitutional claims is
debatable or wrong 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 (4th Cir. 2001).
We have independently reviewed the record and conclude that Idokogi
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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