U.S. v. Aladekoba

Full title: UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ADEWALE JOHNSON…

Court: UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jul 29, 2013

536 F. App'x 307 (4th Cir. 2013)

Opinion

No. 13-6286

07-29-2013

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ADEWALE JOHNSON ALADEKOBA, a/k/a Jay Johnson, a/k/a Orlando Percival McGregory, a/k/a Wally, Defendant - Appellant.

Adewale Johnson Aladekoba, Appellant Pro Se. Jefferson McClure Gray, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

PER CURIAM

UNPUBLISHED

Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (1:93-cr-00018-WMN-3; 1:12-cv-000924-WMN) Before GREGORY, DAVIS, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Adewale Johnson Aladekoba, Appellant Pro Se. Jefferson McClure Gray, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Adewale Johnson Aladekoba seeks to appeal the district court's order denying his motion to reconsider its order denying his 28 U.S.C.A. § 2255 (West Supp. 2013) motion as successive and unauthorized. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (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 Aladekoba has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.

Additionally, we construe Aladekoba's notice of appeal and informal brief as an application to file a second or successive § 2255 motion. United States v. Winestock, 340 F.3d 200, 208 (4th Cir. 2003). In order to obtain authorization to file a successive § 2255 motion, a prisoner must assert claims based on either:

(1) newly discovered evidence that . . . would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or
(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.

28 U.S.C.A. § 2255(h) (West Supp. 2013). Aladekoba's claims do not satisfy either of these criteria. Therefore, we deny authorization to file a successive § 2255 motion.

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