US v. Alexander Asa-Kwapong

Filing

UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999677135-2]. Originating case number: 1:12-cr-00416-GBL-1, 1:13-cv-01484-GBL. Copies to all parties and the district court. [999768024]. Mailed to: Alexander Asa-Kwapong. [15-7484]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7484

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALEXANDER ASA-KWAPONG,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:12-cr-00416-GBL-1; 1:13-cv-01484-GBL)

Submitted:

January 29, 2016

Decided:

March 4, 2016

Before WILKINSON, AGEE, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alexander Asa-Kwapong, Appellant Pro Se.
Karen Ledbetter
Taylor, Assistant United States Attorney, Ryan K. Dickey, OFFICE
OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Alexander Asa-Kwapong seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion and
denying

as

appealable

moot

his

unless

a

discovery
circuit

certificate of appealability.
A

certificate

of

motions.
justice

The
or

order

judge

is

issues

not
a

28 U.S.C. § 2253(c)(1)(B) (2012).

appealability

will

not

issue

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

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

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
Asa-Kwapong 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

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

3