Christopher Quincer v. Pete Meleti
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999045473-2]; denying Motion to appoint/assign counsel [999076274-2]; denying Motion for injunctive relief pending appeal (FRAP 8) [999138675-2], denying Motion for injunctive relief pending appeal (FRAP 8) [999138276-2]; denying for certificate of appealability Originating case number: 1:11-cv-01140-CMH-IDD Copies to all parties and the district court/agency. . Mailed to: Christopher Quincer. [13-6239]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
CHRISTOPHER ANDRE S.W. QUINCER,
Petitioner - Appellant,
PETE MELETIS, Superintendent,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:11-cv-01140-CMH-IDD)
June 20, 2013
July 18, 2013
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Christopher Andre S.W. Quincer, Appellant Pro Se.
Anderson, Kevin Osborne Barnard, FRITH, ANDERSON & PEAKE, PC,
Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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district court’s order denying relief on his 28 U.S.C. § 2254
The order is not appealable unless a circuit
U.S.C. § 2253(c)(1)(A) (2006).
A certificate of appealability
will not issue absent “a substantial showing of the denial of a
28 U.S.C. § 2253(c)(2) (2006).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Quincer has not made the requisite showing.
we deny a certificate of appealability, deny leave to proceed in
forma pauperis, deny the motion to appoint counsel, and dismiss
We deny as moot Quincer’s Fed. R. App. P. 8(a)(2)
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this court and argument would not aid the decisional process.
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