Yasser AbdelHaq v. Donald Ames ( 2023 )


Menu:
  • USCA4 Appeal: 23-6274      Doc: 17         Filed: 12/18/2023     Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 23-6274
    YASSER ABDELHAQ,
    Petitioner - Appellant,
    v.
    DONALD F. AMES, Superintendent,
    Respondent - Appellee.
    Appeal from the United States District Court for the Northern District of West Virginia, at
    Martinsburg. Gina M. Groh, District Judge. (3:21-cv-00145-GMG)
    Submitted: December 4, 2023                                 Decided: December 18, 2023
    Before NIEMEYER, GREGORY, and WYNN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Yasser AbdelHaq, Appellant Pro Se. Lindsay Sara See, OFFICE OF THE ATTORNEY
    GENERAL, Charleston, West Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 23-6274         Doc: 17       Filed: 12/18/2023     Pg: 2 of 2
    PER CURIAM:
    Yasser AbdelHaq seeks to appeal the district court’s order denying relief on his 
    28 U.S.C. § 2254
     petition. The order is not appealable unless a circuit justice or judge issues
    a certificate of appealability. See 
    28 U.S.C. § 2253
    (c)(1)(A). 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). When the district court denies relief on the merits, a prisoner satisfies
    this standard by demonstrating that reasonable jurists could find the district court’s
    assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 
    580 U.S. 100
    , 115-17 (2017). When the district court denies relief on procedural grounds, the
    prisoner must demonstrate both that the dispositive procedural ruling is debatable and that
    the petition states a debatable claim of the denial of a constitutional right. Gonzalez v.
    Thaler, 
    565 U.S. 134
    , 140-41 (2012) (citing Slack v. McDaniel, 
    529 U.S. 473
    , 484 (2000)).
    We have independently reviewed the record and conclude that AbdelHaq 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
    

Document Info

Docket Number: 23-6274

Filed Date: 12/18/2023

Precedential Status: Non-Precedential

Modified Date: 12/19/2023