Metaphyzic Supreme-El v. Director, Dept of Correction

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999587971-2]. Originating case number: 3:14-cv-00052-REP-RCY. Copies to all parties and the district court. [999626942]. Mailed to: Appellant. [15-6746]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6746

METAPHYZIC EL-ECTROMAGNETIC SUPREME-EL, f/k/a Antonio Edward
McLean,
Petitioner - Appellant,
v.
DIRECTOR, DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:14-cv-00052-REP-RCY)

Submitted:

July 21, 2015

Decided:

July 24, 2015

Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.
Metaphyzic El-ectromagnetic Supreme-El, Appellant Pro Se. Alice
Theresa Armstrong, OFFICE OF THE ATTORNEY GENERAL, Richmond,
Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Metaphyzic El-Ectromagnetic Supreme-El seeks to appeal the
district

court’s

orders

accepting

the

recommendation

of

the

magistrate judge denying relief on his 28 U.S.C. § 2254 (2012)
petition and denying his motion under Fed. R. Civ. P. 59(e).

The

orders are not appealable unless a circuit justice or judge issues
a certificate of appealability.
(2012).

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.”
U.S.C. § 2253(c)(2) (2012).

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When the district court denies relief

on the merits, a prisoner satisfies this standard by demonstrating
that reasonable jurists would find that the district court’s
assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 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

petition

states

constitutional right.

a

debatable

claim

of

the

denial

of

a

Slack, 529 U.S. at 484-85.

We have independently reviewed the record and conclude that
Supreme-El has not made the requisite showing.

Accordingly, we

deny the motion for a certificate of appealability and dismiss the
appeal. We dispense with oral argument because the facts and legal

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contentions are adequately presented in the materials before this
court and argument would not aid the decisional process.
DISMISSED

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