Filed: Feb. 16, 2005
Latest Update: Feb. 13, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7314 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus AKEEM ALIN-NAFIS ABDULLAH-MALIK, a/k/a Akeem Abdul Malik, Plaintiff - Appellant. No. 04-7315 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus AKEEM ALIN-NAFIS ABDULLAH-MALIK, a/k/a Akeem Abdul Malik, Defendant - Appellant. No. 04-7316 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus AKEEM ALIN-NAFIS ABDULLAH-MALIK, a/k/a Akeem Abdul Malik, Defendant -
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7314 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus AKEEM ALIN-NAFIS ABDULLAH-MALIK, a/k/a Akeem Abdul Malik, Plaintiff - Appellant. No. 04-7315 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus AKEEM ALIN-NAFIS ABDULLAH-MALIK, a/k/a Akeem Abdul Malik, Defendant - Appellant. No. 04-7316 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus AKEEM ALIN-NAFIS ABDULLAH-MALIK, a/k/a Akeem Abdul Malik, Defendant - A..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7314
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
AKEEM ALIN-NAFIS ABDULLAH-MALIK, a/k/a Akeem
Abdul Malik,
Plaintiff - Appellant.
No. 04-7315
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
AKEEM ALIN-NAFIS ABDULLAH-MALIK, a/k/a Akeem
Abdul Malik,
Defendant - Appellant.
No. 04-7316
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
AKEEM ALIN-NAFIS ABDULLAH-MALIK, a/k/a Akeem
Abdul Malik,
Defendant - Appellant.
Appeals from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
District Judge. (CR-01-398; CA-03-672-1)
Submitted: February 9, 2005 Decided: February 16, 2005
Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Akeem Alin-Nafis Abdullah-Malik, Appellant Pro Se. Lawrence
Patrick Auld, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
In these consolidated appeals, Akeem Alin-Nafis Abdullah-
Malik seeks to appeal the district court’s judgment adopting the
magistrate judge’s report and recommendation and denying relief on
his 28 U.S.C. § 2255 (2000) motion and the magistrate judge’s order
denying the post-judgment motion to amend the § 2255 motion.
An appeal may not be taken from the final order in a
§ 2255 proceeding unless a circuit justice or judge issues a
certificate of appealability. 28 U.S.C. § 2253(c)(1) (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 his
constitutional claims are 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 (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 Abdullah-Malik has not made the requisite
showing. Accordingly, as to all the appeals, we deny certificates
of appealability and dismiss the appeals.* We dispense with oral
*
This court lacks jurisdiction to directly review a magistrate
judge’s order absent consent. Accordingly, No. 04-7316, in which
Abdullah-Malik seeks to appeal the magistrate judge’s order denying
his motion to amend, is dismissed for lack of jurisdiction.
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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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