US v. Robert Mikail
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999441668-2], updating certificate of appealability status Originating case number: 1:13-cr-00137-JCC-1,1:14-cv-00081-JCC Copies to all parties and the district court/agency. [999479908]. Mailed to: Robert Mikail. [14-7408]
Appeal: 14-7408
Doc: 10
Filed: 11/21/2014
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7408
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT MIKAIL,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:13-cr-00137-JCC-1; 1:14-cv-00081-JCC)
Submitted:
November 18, 2014
Decided:
November 21, 2014
Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Mikail, Appellant Pro Se.
Paul Nathanson, Jasmine
Hyejung Yoon, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 14-7408
Doc: 10
Filed: 11/21/2014
Pg: 2 of 3
PER CURIAM:
Robert
Mikail
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).
on
the
merits,
demonstrating
district
that
court’s
debatable
or
a
When the district court denies relief
prisoner
satisfies
reasonable
assessment
wrong.
Slack
jurists
this
would
of
the
v.
McDaniel,
standard
find
U.S.
that
the
claims
constitutional
529
by
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
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 Mikail has not made the requisite showing.
Accordingly, we
deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.
We dispense with oral
argument because the facts and legal contentions are adequately
2
Appeal: 14-7408
Doc: 10
Filed: 11/21/2014
Pg: 3 of 3
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?