United States v. Shakoor

U.S. Court of Appeals for the Fourth Circuit
United States v. Shakoor, 367 F. App'x 406 (4th Cir. 2010)

United States v. Shakoor

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-8060

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ABDULLAH RASOOL SHAKOOR,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (7:97-cr-00064-BO-1; 7:07-cv-00069-BO)

Submitted: February 8, 2010 Decided: February 25, 2010

Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Abdullah Rasool Shakoor, Appellant Pro Se. Steve R. Matheny, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Abdullah Rasool Shakoor seeks to appeal the district

court’s order denying his Fed. R. Civ. P. 60(b) motion for

reconsideration of the court’s order denying relief on his

28 U.S.C.A. § 2255

(West Supp. 2009) motion and denying his motion

to recuse. The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.

28 U.S.C. § 2253

(c)(1) (2006); Reid v. Angelone,

369 F.3d 363, 369

(4th

Cir. 2004). 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). A prisoner satisfies

this standard by demonstrating that reasonable jurists would

find that any assessment of the constitutional claims by the

district court is debatable or wrong and that any dispositive

procedural ruling by the district court is likewise debatable.

Miller-El v. Cockrell,

537 U.S. 322, 336-38

(2003); Slack v.

McDaniel,

529 U.S. 473, 484

(2000); Rose v. Lee,

252 F.3d 676, 683-84

(4th Cir. 2001). We have independently reviewed the

record and conclude that Shakoor 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

2 materials before the court and argument would not aid the

decisional process.

DISMISSED

3

Reference

Status
Unpublished