Machot Mayen v. Harold Clark

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999607771-2] Originating case number: 1:11-cv-01018-CMH-TCB Copies to all parties and the district court/agency. [999694434]. Mailed to: Machot Mayen. [15-6915]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6915

MACHOT KUOL MAYEN,
Petitioner - Appellant,
v.
HAROLD W. CLARK, Director, V Dept of Corr.,
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-01018-CMH-TCB)

Submitted:

October 20, 2015

Decided:

November 6, 2015

Before MOTZ, KEENAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Machot Kuol Mayen, Appellant Pro Se.
Aaron Jennings Campbell,
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Unpublished opinions are not binding precedent in this circuit.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:
Machot

Kuol

Mayen

seeks

to

appeal

the

district

court’s

order, which construed Mayen’s post-judgment letter to the court
as a Fed. R. Civ. P. 60(b) motion for relief from the district
court’s

prior

order

dismissing

petition, and denied that motion.
unless

a

circuit

appealability.

justice
28

U.S.C.

or

his

28

U.S.C.

§ 2254

(2012)

The order is not appealable

judge

issues

§ 2253(c)(1)(A)

a

certificate

(2012);

Angelone, 369 F.3d 363, 369 (4th Cir. 2004).

Reid

of
v.

A certificate of

appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

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).
denies

relief

demonstrate

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
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
Mayen has not made the requisite showing.

Accordingly, we deny

a certificate of appealability, deny leave to proceed in forma
2

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pauperis,

and

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dismiss

the

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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

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