Filed: Jul. 25, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6125 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OLANITAN MICHAEL OLANIYI, a/k/a Richard Allman, a/k/a Thomas Duval, a/k/a Gabriel Palmer, a/k/a Michael Salman, a/k/a Michael Stanley, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. W. Earl Britt, Senior District Judge. (4:13-cr-00072-BR-1; 4:15-cv-00071-BR) Submitted: July 21, 2016 Decided
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6125 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OLANITAN MICHAEL OLANIYI, a/k/a Richard Allman, a/k/a Thomas Duval, a/k/a Gabriel Palmer, a/k/a Michael Salman, a/k/a Michael Stanley, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. W. Earl Britt, Senior District Judge. (4:13-cr-00072-BR-1; 4:15-cv-00071-BR) Submitted: July 21, 2016 Decided:..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6125
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OLANITAN MICHAEL OLANIYI, a/k/a Richard Allman, a/k/a Thomas
Duval, a/k/a Gabriel Palmer, a/k/a Michael Salman, a/k/a
Michael Stanley,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. W. Earl Britt,
Senior District Judge. (4:13-cr-00072-BR-1; 4:15-cv-00071-BR)
Submitted: July 21, 2016 Decided: July 25, 2016
Before SHEDD, AGEE, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Olanitan Michael Olaniyi, Appellant Pro Se. Stephen Aubrey
West, Assistant United States Attorney, Susan Beth Menzer, Seth
Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Olanitan Michael Olaniyi seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2255 (2012)
motion. The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1)(B) (2012). 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) (2012). 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
Olaniyi 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
2
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
3