Mohammed Jilani v. State of North Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999845024-2]; denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999789724-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999769182-2] Originating case number: 5:15-hc-02094-D Copies to all parties and the district court/agency. [999857935]. Mailed to: M Jilani. [16-6237]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6237

MOHAMMED NASSER JILANI,
Petitioner – Appellant,
v.
STATE OF NORTH CAROLINA; DONNIE HARRISON,
County Detention Public Safety Center,

Warden

Wake

Respondents - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:15-hc-02094-D)

Submitted:

June 7, 2016

Decided:

June 17, 2016

Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mohammed Nasser Jilani, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Mohammed Nasser Jilani, a state prisoner, seeks to appeal
the district court’s order accepting the recommendation of the
magistrate

judge

and

denying

relief

on

his

28

U.S.C.

§ 2241

(2012) petition.

The order is not appealable unless a circuit

justice

issues

or

judge

a

certificate

U.S.C. § 2253(c)(1)(A) (2012).

of

appealability.

28

A certificate of appealability

will not issue absent “a substantial showing of the denial of a
constitutional right.”

28 U.S.C. § 2253(c)(2) (2012).

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

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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
Jilani has not made the requisite showing.

Accordingly, we deny

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

deny

the

motions

for

counsel, and dismiss the appeal.
2

bail

and

for

appointment

of

We dispense with oral argument

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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