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United States v. Adley Abdulwahab
671 F. App'x 206
| 4th Cir. | 2016
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Docket

*1 Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Madison Ardoin, III, ARDOINLAW, PLLC, Houston, Texas, for Appellant. Jessica D. Aber, OFFICE OF THE UNITED STATES ATTORNEY, Michael Steven Dry, Gurney Wingate Grant, II, Robert P. McIntosh, Assistant United States Attorneys, Richmond, Virginia; Albert Blackwell Stieglitz, Jr., UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit. *2 PER CURIAM:

Adley H. Abdulwahab seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). 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 Abdulwahab 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 this court and argument would not aid the decisional process.

DISMISSED

2

Case Details

Case Name: United States v. Adley Abdulwahab
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Dec 20, 2016
Citation: 671 F. App'x 206
Docket Number: 16-6929
Court Abbreviation: 4th Cir.
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