Samir Farhoumand v. Harold Clarke
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:16-cv-01265-LMB-MSN Copies to all parties and the district court/agency. . Mailed to: Samir Farhoumand. [17-6238]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
SAMIR ALLEN FARHOUMAND,
Petitioner - Appellant,
HAROLD CLARKE, Director, Virginia Dep’t of Corr.,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Leonie M. Brinkema, District Judge. (1:16-cv-01265-LMB-MSN)
Submitted: July 31, 2017
Decided: September 13, 2017
Before WILKINSON, SHEDD, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jonathan P. Sheldon, SHELDON, FLOOD & HAYWOOD, PLC, Fairfax, Virginia, for
Appellant. Benjamin Hyman Katz, Assistant Attorney General, Richmond, Virginia, for
Unpublished opinions are not binding precedent in this circuit.
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Samir Allen Farhoumand seeks to appeal the district court’s order denying relief
on his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit
justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A)
(2012). 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 (2000); see MillerEl 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 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 Farhoumand 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.
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