Supreme King Allah v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion Certificate of appealability denied. Originating case number: 2:14-cv-00489-RGD-TEM. Copies to all parties and the district court/agency. [999726208]. Mailed to: S. Allah. [15-7159]

Appeal: 15-7159

Doc: 12

Filed: 12/29/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7159

SUPREME KING JUSTICE ALLAH, f/k/a Albert Curtis Williams,
Petitioner - Appellant,
v.
HAROLD W. CLARKE,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Robert G. Doumar, Senior
District Judge. (2:14-cv-00489-RGD-TEM)

Submitted:

November 20, 2015

Decided:

December 29, 2015

Before NIEMEYER, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Supreme King Justice Allah, Appellant Pro Se.
Michael Thomas
Judge, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7159

Doc: 12

Filed: 12/29/2015

Pg: 2 of 3

PER CURIAM:
Supreme King Justice Allah seeks to appeal the district
court’s
judge

order

and

dismissing

petition.
or

judge

accepting
his

issues

absent

a

prisoner

successive

certificate

“a

28

of

the

U.S.C.

§

magistrate
2254

(2012)

the

appealability.

28

U.S.C.

showing

of

the

denial

of

a

28 U.S.C. § 2253(c)(2) (2012).

district

court

satisfies

this

jurists

would

reasonable

of

A certificate of appealability will not

substantial

constitutional right.”
When

recommendation

The order is not appealable unless a circuit justice

§ 2253(c)(1)(A) (2012).
issue

the

denies

relief

standard
find

by

that

on

the

merits,

demonstrating

the

district

a

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

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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
Allah has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

2

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

Appeal: 15-7159

Doc: 12

contentions

are

Filed: 12/29/2015

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3