United States v. Hakim Rashid

U.S. Court of Appeals for the Fourth Circuit

United States v. Hakim Rashid

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6978

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HAKIM ABDULAH RASHID, a/k/a Rodney Buchanan,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:10-cr-00941-RBH-1; 4:17-cv-02971- RBH)

Submitted: December 18, 2018 Decided: December 21, 2018

Before AGEE, THACKER, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Hakim Abdulah Rashid, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Hakim Abdulah Rashid seeks to appeal the district court’s orders denying relief on

his

28 U.S.C. § 2255

(2012) motion and denying his Fed. R. Civ. P. 59(e) motion. The

orders are 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 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 motion 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 Rashid 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.

DISMISSED

2

Reference

Status
Unpublished