Marie Assa'ad-Faltas v. State of South Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to exceed length limitations [999025031-2] in 12-7659, granting Motion to exceed length limitations [999012894-2] in 12-7659; granting Motion to amend/correct [999025007-2] in 12-7659; denying Motion certificate of appealability (Local Rule 22(a)) [998947085-2] in 12-7659; granting Motion to proceed in forma pauperis (FRAP 24) [998982599-2] in 12-7664 Originating case number: 1:12-cv-02294-TLW Copies to all parties and the district court/agency. [999076858]. [12-7659, 12-7664]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7659

MARIE THERESE ASSA’AD-FALTAS,
Petitioner - Appellant,
v.
STATE OF SOUTH CAROLINA; CITY OF COLUMBIA, SOUTH CAROLINA,
Respondents – Appellees.

No. 12-7664

MARIE THERESE ASSA’AD-FALTAS,
Petitioner - Appellant,
v.
STATE OF SOUTH CAROLINA; CITY OF COLUMBIA, SOUTH CAROLINA,
Respondents - Appellees.

Appeals from the United States District Court for the District
of South Carolina, at Aiken.
Terry L. Wooten, Chief District
Judge. (1:12-cv-02294-TLW; 1:12-cv-02228-TLW)

Submitted:

March 28, 2013

Decided:

Before NIEMEYER, KING, and KEENAN, Circuit Judges.

April 1, 2013

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Dismissed by unpublished per curiam opinion.

Marie Therese Assa’ad-Faltas, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
In these consolidated appeals, Marie Therese Assa’adFaltas seeks to appeal the district court’s orders accepting the
recommendations of the magistrate judge and denying relief on
her 28 U.S.C. § 2254 (2006) petitions.

In Appeal No. 12-7659,

Assa’ad-Faltas

to

has

also

filed

motions

exceed

the

length

limitations for her informal brief, and to amend or correct her
informal brief, and in Appeal No. 12-7664, she has filed an
application to proceed in forma pauperis, as well as a motion to
exceed the length limitations for her informal brief.
The
appealable

orders

unless

Assa’ad-Faltas
a

circuit

certificate of appealability.
A

certificate

of

seeks

justice

to

appeal

or

judge

are
issues

not
a

28 U.S.C. § 2253(c)(1)(A) (2006).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2006).
relief

on

the

demonstrating
district
debatable

merits,
that

court’s
or

a

prisoner

reasonable

assessment

wrong.

When the district court denies

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

constitutional
529

U.S.

by

that

the

claims

is

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 petition states a debatable
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claim of the denial of a constitutional right.

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude
that

Assa’ad-Faltas

Accordingly,
exceed

the

has

although
length

we

not

made

grant

limitations

for

the

requisite

Assa’ad-Faltas’s
her

informal

showing.

motions
brief

and

to
to

amend or correct her informal brief in Appeal No. 12-7659, and
grant

her

application

to

proceed

in

forma

pauperis

and

her

motion to exceed the length limitations for her informal brief
in Appeal No. 12-7664, we deny a certificate of appealability
and dismiss the appeals.

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

4