Opinion
22-7215 22-7216
03-21-2023
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL IBUKUN OGINNI, Defendant-Appellant. UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL IBUKUN OGINNI, Defendant-Appellant.
Michael Ibukun Oginni, Appellant Pro Se.
UNPUBLISHED
Submitted: March 16, 2023
Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O'Grady, Senior District Judge. (1:18-cr-00231-LO-1; 1:20-cv-01596-LO; 1:17-cr-00172-LO-1; 1:20-cv-01598-LO)
Michael Ibukun Oginni, Appellant Pro Se.
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Michael Ibukun Oginni seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court's assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 580 U.S. 100, 115-17 (2017). 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. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Oginni has not made the requisite showing. Accordingly, we deny certificates of appealability and dismiss the appeals. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED.