Shaheen Cabbagestalk v. Warden J. McFadden
Opinion
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Shaheen Cabbagestalk seeks to appeal the district court’s orders accepting the *436 recommendation of the magistrate judge and denying relief on Cabbagestalk’s 28 U.S.C. § 2254 (2012) petition, denying various motions to amend and for recusal, and denying his Fed.R.Civ.P. 59(e) motion.
These orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certifícate 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 distinct 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595.
We have independently reviewed the record and conclude that Cabbagestalk has not made the requisite showing for a certificate of appealability. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny all of Cabba-gestalk’s pending motions. 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.
DISMISSED.
Reference
- Full Case Name
- Shaheen CABBAGESTALK, Petitioner—Appellant, v. Warden J. McFADDEN, Respondent-Appellee; Shaheen Cabbagestalk, Petitioner-Appellant, v. Warden J. McFadden, Respondent-Appellee
- Status
- Unpublished