Metaphyzic Supreme-El v. Director, Department of Corr.
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999613594-2], updating certificate of appealability status Originating case number: 3:14-cv-00302-REP-RCY Copies to all parties and the district court/agency. [999646760]. Mailed to: METAPHYZIC EL-ECTROMAGNETIC SUPREME-EL. [15-6781]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6781
METAPHYZIC EL-ECTROMAGNETIC SUPREME-EL,
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-00302-ERP-RCY)
Submitted:
August 20, 2015
Decided:
August 25, 2015
Before DUNCAN, KEENAN, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Metaphyzic El-ectromagnetic Supreme-El, Appellant Pro Se. Alice
Theresa Armstrong, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA,
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Unpublished opinions are not binding precedent in this circuit.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 order denying his Fed. R. Civ. P. 60(b) motion
for reconsideration of the district court’s order denying relief
on his 28 U.S.C. § 2254 (2012) petition.
appealable
unless
a
circuit
certificate of appealability.
Reid
v.
Angelone,
A certificate
of
369
justice
The order is not
or
judge
issues
a
28 U.S.C. § 2253(c)(1)(A) (2012);
F.3d
363,
appealability
369
will
(4th
not
Cir.
issue
2004).
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
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
Supreme-El has not made the requisite showing.
Accordingly, we
deny a certificate of appealability, deny leave to proceed in
2
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forma pauperis, and dismiss the appeal.
We dispense with oral
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
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