United States v. Difankh Asar ( 2019 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7348
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DIFANKH ASAR, a/k/a James Walter Gist,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Spartanburg. Bruce H. Hendricks, District Judge. (7:10-cr-00429-BHH-1)
Submitted: February 26, 2019 Decided: March 1, 2019
Before KING, THACKER, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Difankh Asar, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Difankh Asar seeks to appeal the district court’s order denying his Fed. R. Civ. P.
60(b) motion for reconsideration of 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 Asar 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
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