Opinion
21-6459
10-07-2021
ABDUL-HASIB AL-MUSAWWIR, Petitioner - Appellant, v. HAROLD W. CLARKE, Director of Virginia Dept. of Corrections, Respondent - Appellee.
Abdul-Hasib Al-Musawwir, Appellant Pro Se.
UNPUBLISHED
Submitted: October 4, 2021
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:21-cv-00007-RGD-RJK)
Abdul-Hasib Al-Musawwir, Appellant Pro Se.
Before WILKINSON and MOTZ, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Abdul-Hasib Al-Musawwir seeks to appeal the district court's order accepting the recommendation of the magistrate judge and dismissing Al-Musawwir's 28 U.S.C. § 2254 petition as an unauthorized, successive § 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, as here, 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 Al-Musawwir has not made the requisite showing. Accordingly, we deny a certificate of appealability, 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