US v. Abdi Dire

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 2:10-cr-00056-MSD-FBS-3,2:13-cv-00717-MSD Copies to all parties and the district court/agency. [999871422]. Mailed to: Abdi Wali Dire. [16-6163]

Appeal: 16-6163

Doc: 9

Filed: 06/28/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6163

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ABDI WALI DIRE,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Mark S. Davis, District Judge.
(2:10-cr-00056-MSD-FBS-3; 2:13-cv-00717-MSD)

Submitted:

June 23, 2016

Decided:

June 28, 2016

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Abdi Wali Dire, Appellant Pro Se. Benjamin L. Hatch, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6163

Doc: 9

Filed: 06/28/2016

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PER CURIAM:
Abdi Wali Dire seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.

The order

is not appealable unless a circuit justice or judge issues a
certificate of appealability.

28 U.S.C. § 2253(c)(1)(B) (2012).

A certificate of appealability will not issue absent “a substantial
showing of the denial of a constitutional right.”
§ 2253(c)(2) (2012).

28 U.S.C.

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 motion
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
Dire has not made the requisite showing.

Accordingly, we deny a

certificate of appealability 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
2