US v. Caleb Otsibah

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion dispositions in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999359354-2]; denying Motion to appoint/assign counsel [999359359-2]. Originating case numbers: 8:11-cr-00157-PWG-4, 8:13-cv-02193-PWG. Copies to all parties and the district court. [999441837]. Mailed to: Caleb Otsibah. [14-6727]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6727

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CALEB K. OTSIBAH,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Paul W. Grimm, District Judge. (8:11cr-00157-PWG-4; 8:13-cv-02193-PWG)

Submitted:

September 15, 2014

Before AGEE and
Circuit Judge.

KEENAN,

Circuit

Decided:

Judges,

September 24, 2014

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Caleb K. Otsibah, Appellant Pro Se.
James I. Pearce, UNITED
STATES DEPARTMENT OF JUSTICE, Washington, D.C.; David Ira Salem,
Assistant United States Attorney, Greenbelt, Maryland, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Caleb K. Otsibah seeks to appeal 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

(2012).

of

appealability.

28

U.S.C.

§ 2253(c)(1)(B)

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).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

that

the

claims

constitutional
529

by

is

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

claim of the denial of a constitutional right.

a

debatable

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude
that Otsibah has not made the requisite showing.

Accordingly,

we deny a certificate of appealability, deny leave to proceed in
forma
motion

pauperis,
to

and

appoint

dismiss

counsel.

the

appeal.

We

We

dispense

with

deny
oral

Otsibah’s
argument

because the facts and legal contentions are adequately presented
2

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in the materials before this court and argument would not aid
the decisional process.
DISMISSED

3