MYLES v. U. S., 05-5044 (D.C. Cir. 2-20-2007)

William Myles, Appellant v. United States of America, Appellee.

No. 05-5044.United States Court of Appeals, District of Columbia Circuit.
Filed On: February 20, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

BEFORE: Ginsburg, Chief Judge, and Sentelle and Rogers, Circuit Judges.

Per Curiam

ORDER
Upon consideration of appellant’s brief, which the court construes as including a request for a certificate of appealability, it is

ORDERED that the request for a certificate of appealability be denied.See 28 U.S.C. § 2253(c). Because appellant has not made “a substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), no certificate of appealability is warranted. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Appellant may not challenge his District of Columbia conviction in federal court unless his remedy under D.C. Code §23-110(g) is inadequate or ineffective to test the legality of his detention. See, e.g., Blair-Bey v. Quick, 151 F.3d 1036, 1042-43 (D.C. Cir. 1998). The section 23-110 remedy, however, is not considered inadequate or ineffective simply because the requested relief has been denied. See Garris v. Lindsay, 794 F.2d 722, 727 (D.C. Cir.), cert.denied, 479 U.S. 993 (1986).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. Because no certificate of appealability has been allowed, no mandate will issue.