Abdu-Salim Gould v. Todd Ishee

U.S. Court of Appeals for the Fourth Circuit

Abdu-Salim Gould v. Todd Ishee

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-7020

ABDU-SALIM GOULD,

Petitioner - Appellant,

v.

TODD E. ISHEE,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:20-hc-02074-D)

Submitted: December 21, 2021 Decided: December 27, 2021

Before KING and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Abdu-Salim Gould, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Abdu-Salim Gould seeks to appeal the district court’s order denying relief on his

28 U.S.C. § 2254

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). 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). When the district court denies relief on the merits, a prisoner satisfies

this standard by demonstrating that reasonable jurists could find the district court’s

assessment of the constitutional claims debatable or wrong. See Buck v. Davis,

137 S. Ct. 759, 773-74

(2017). 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. Gonzalez v.

Thaler,

565 U.S. 134, 140-41

(2012) (citing Slack v. McDaniel,

529 U.S. 473, 484

(2000)).

We have independently reviewed the record and conclude that Gould has not made

the requisite showing. Accordingly, we deny Gould’s motions for a certificate of

appealability and for leave to file an amicus curiae brief, 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Unpublished