Filed: Mar. 22, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-8035 JAMES MUHAMMAD, a/k/a Ahmad Muhammad-Ali, Petitioner - Appellant, v. CORRECT CARE SOLUTIONS; CHIEF MCCLEASE, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Aiken. Mary G. Lewis, District Judge. (1:15-cv-04513-MGL) Submitted: March 17, 2016 Decided: March 22, 2016 Before WILKINSON, NIEMEYER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinio
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-8035 JAMES MUHAMMAD, a/k/a Ahmad Muhammad-Ali, Petitioner - Appellant, v. CORRECT CARE SOLUTIONS; CHIEF MCCLEASE, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Aiken. Mary G. Lewis, District Judge. (1:15-cv-04513-MGL) Submitted: March 17, 2016 Decided: March 22, 2016 Before WILKINSON, NIEMEYER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-8035
JAMES MUHAMMAD, a/k/a Ahmad Muhammad-Ali,
Petitioner - Appellant,
v.
CORRECT CARE SOLUTIONS; CHIEF MCCLEASE,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Mary G. Lewis, District Judge.
(1:15-cv-04513-MGL)
Submitted: March 17, 2016 Decided: March 22, 2016
Before WILKINSON, NIEMEYER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Muhammad, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Muhammad, a state pretrial detainee, seeks to appeal
the district court’s order accepting the recommendation of the
magistrate judge and denying relief on his 28 U.S.C. § 2241
(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). 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 484-85.
We have independently reviewed the record and conclude that
Muhammad 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
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contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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