Abbas Ahmed v. Loretta Kelly


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999043564-2]; denying Motion to proceed in forma pauperis (FRAP 24) [998986742-2] Originating case number: 1:10-cv-00184-GBL-TCB Copies to all parties and the district court/agency. [999121691].. [12-7831]

Download PDF
Appeal: 12-7831 Doc: 24 Filed: 06/04/2013 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7831 ABBAS JAVED AHMED, Petitioner - Appellant, v. LORETTA KELLY, Warden; DAVID B. EVERETT, Warden, Respondents - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:10-cv-00184-GBL-TCB) Submitted: May 30, 2013 Decided: June 4, 2013 Before SHEDD, DIAZ, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. David Bernard Hargett, HARGETT LAW, PLC, Glen Allen, Virginia, for Appellant. Gregory William Franklin, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. Appeal: 12-7831 Doc: 24 Filed: 06/04/2013 Pg: 2 of 3 PER CURIAM: Abbas Javed Ahmed seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2006) petition, and has filed a motion for a certificate of appealability and an application to proceed in forma pauperis. The district court’s order is not appealable unless a circuit justice or judge issues a certificate of appealability. (2006). 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) (2006). relief on the demonstrating district merits, that court’s debatable 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 claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Ahmed has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. 2 We dispense with oral Appeal: 12-7831 Doc: 24 Filed: 06/04/2013 Pg: 3 of 3 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 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?