MURPHY
v.
REPUBLIC OF PANAMA

S.D. Fla. | 1990-12-12
No. 89-1122
Agee, Floyd, Wilkinson
465 F. App'x 226 District Court, S.D. Florida (1990)

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Holding

The court denied a certificate of appealability and dismissed the appeal because the petitioner failed to make a substantial showing of the denial of a constitutional right.


Headnotes

[1] Certificate of appealability is required to appeal denial of leave to amend a § 2255 motion.

[2] Standard for certificate of appealability requires substantial showing of denial of constitutional right.

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Key Quotes

“”

Explaining the requirement for a certificate of appealability.

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Facts & Procedural History

Mohammad Ashraf Mohammad-Omar sought to amend his previously denied motion under 28 U.S.C. § 2255. The district court denied him leave to amend. He so…

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Opinion of the Court

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Mohammad Ashraf Mohammad-Omar seeks to appeal the district court’s order denying him leave to amend his previously denied 28 U.S.CA. § 2255 (West Supp. 2011) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 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) (2006). 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 Mohammad-Omar has not made the requisite showing. Accordingly, we deny a certificate of appeala-bility and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.


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