U.S. Court of Appeals for the Fourth Circuit, 2016

United States v. Alexander Asa-Kwapong

United States v. Alexander Asa-Kwapong
U.S. Court of Appeals for the Fourth Circuit · Decided March 4, 2016 · Wilkinson, Agee, Harris
637 F. App'x 104

United States v. Alexander Asa-Kwapong

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*105 PER CURIAM:

Alexander Asa-Kwapong seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion and denying as moot his discovery motions. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of ap-pealability 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, 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 motion 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 Asa-Kwapong has not made the requisite showing. Accordingly, we deny- a certificate of appeal-ability, 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.

DISMISSED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.