Elenor Elguera-Stinnett v. Stacey Kincaid
Filing
UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?