US v. Adley Abdulwahab
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cr-00248-REP-2,3:14-cv-00537-REP Copies to all parties and the district court/agency. . Mailed to: Albert Blackwell Stieglitz Jr.. [16-6929]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
ADLEY H. ABDULWAHAB,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:10-cr-00248-REP-2; 3:14-cv-00537-REP)
December 15, 2016
December 20, 2016
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Madison Ardoin, III, ARDOINLAW, PLLC, Houston, Texas, for
Appellant. Jessica D. Aber, OFFICE OF THE UNITED STATES ATTORNEY,
Michael Steven Dry, Gurney Wingate Grant, II, Robert P. McIntosh,
Assistant United States Attorneys, Richmond, Virginia; Albert
Blackwell Stieglitz, Jr., UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Adley H. Abdulwahab seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.
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).
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.
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
Abdulwahab has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
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.
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