Ogunde v. Director of Virginia Department of Corrections
Ogunde v. Director of Virginia Department of Corrections
Opinion
Oludare Ogunde seeks to appeal the district court’s order denying relief on his motion to vacate and amend the judgment filed ostensibly under Fed.R.Civ.P. 60(b). An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); see Reid v. Angelone, 369 F.3d 363, 370 (4th Cir. 2004) (holding the_ certificate of appealability requirement "applies to appeals of denials of motions under Fed.R.Civ.P. 60(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) (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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d *850 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Ogunde 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 before the court and argument would not aid the decisional process.
DISMISSED
Case-law data current through December 31, 2025. Source: CourtListener bulk data.