Elenor Elguera-Stinnett v. Stacey Kincaid


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999991066-2] Originating case number: 1:16-cv-01402-LO-IDD Copies to all parties and the district court/agency. [1000055217]. Mailed to: Elenor Elguera-Stinnett. [16-7718]

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Appeal: 16-7718 Doc: 11 Filed: 04/04/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7718 ELENOR JANET ELGUERA-STINNETT, Petitioner - Appellant, v. STACEY A. KINCAID, Fairfax County Sheriff, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:16-cv-01402-LO-IDD) Submitted: March 30, 2017 Decided: April 4, 2017 Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Elenor Janet Elguera-Stinnett, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7718 Doc: 11 Filed: 04/04/2017 Pg: 2 of 3 PER CURIAM: Elenor Janet Elguera-Stinnett seeks to appeal the district court’s order petition. or judge denying relief her 28 U.S.C. § 2254 (2012) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2012). issue on absent “a appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right.” of showing of the denial 28 U.S.C. § 2253(c)(2) (2012). of a 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 Elguera-Stinnett has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed dispense in with forma pauperis, oral argument and dismiss because 2 the the appeal. facts and We legal Appeal: 16-7718 Doc: 11 contentions are Filed: 04/04/2017 adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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