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United States v. Udeozor, 10-7384 (2011)

Court: Court of Appeals for the Fourth Circuit Number: 10-7384 Visitors: 39
Filed: Apr. 27, 2011
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7384 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ADAOBI STELLA UDEOZOR, a/k/a Adaobi Stella Obioha, a/k/a Stella Udeozor, a/k/a Adaobi Stella Obiaha, Defendant – Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:03-cr-00470-PJM-1) Submitted: April 15, 2011 Decided: April 27, 2011 Before WILKINSON and SHEDD, Circuit Judges,
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                              UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                              No. 10-7384


UNITED STATES OF AMERICA,

                Plaintiff – Appellee,

          v.

ADAOBI STELLA UDEOZOR, a/k/a Adaobi Stella       Obioha,   a/k/a
Stella Udeozor, a/k/a Adaobi Stella Obiaha,

                Defendant – Appellant.



Appeal from the United States District Court for the District of
Maryland, at Greenbelt.     Peter J. Messitte, Senior District
Judge. (8:03-cr-00470-PJM-1)


Submitted:   April 15, 2011                 Decided:   April 27, 2011


Before WILKINSON and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Adaobi Stella Udeozor, Appellant Pro Se.    Adam Kenneth Ake,
OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland,
Steven M. Dunne, U.S. DEPARTMENT OF JUSTICE, Washington, D.C.,
for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

            Adaobi       Stella    Udeozor       seeks    to    appeal      the   district

court’s order denying relief on her 28 U.S.C.A. § 2255 (West

Supp.    2010)   motion.          The   order     is     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).                  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).     When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive

procedural ruling is debatable, and that the motion states a

debatable claim of the denial of a constitutional right.                            
Slack, 529 U.S. at 484-85
.          We have independently reviewed the record

and conclude that Udeozor 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




                                             2
before   the   court   and   argument   would   not   aid   the   decisional

process.

                                                                   DISMISSED




                                    3

Source:  CourtListener

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