Elenor Elguera-Stinnett v. Stacey Kincaid
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000085542-2]. Originating case number: 1:16-cv-01402-LO-IDD. Copies to all parties and the district court. . Mailed to: Appellant. [17-6589]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ELEANOR JANET ELGUERA-STINNETT,
Petitioner - Appellant,
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: July 27, 2017
Decided: August 18, 2017
Before TRAXLER and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Eleanor Janet Elguera-Stinnett, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Eleanor Janet Elguera-Stinnett seeks to appeal the district court’s order denying
her Fed. R. Civ. P. 60(b) motion for reconsideration of the district court’s order denying
relief on her 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A)
(2012); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004).
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 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
petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at
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 in forma pauperis, 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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