Marie Assa'ad-Faltas v. State of South Carolina, No. 12-7659 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7659 MARIE THERESE ASSA AD-FALTAS, Petitioner - Appellant, v. STATE OF SOUTH CAROLINA; CITY OF COLUMBIA, SOUTH CAROLINA, Respondents Appellees. No. 12-7664 MARIE THERESE ASSA AD-FALTAS, Petitioner - Appellant, v. STATE OF SOUTH CAROLINA; CITY OF COLUMBIA, SOUTH CAROLINA, Respondents - Appellees. Appeals from the United States District Court for the District of South Carolina, at Aiken. Terry L. Wooten, Chief District Judge. (1:12-cv-02294-TLW; 1:12-cv-02228-TLW) Submitted: March 28, 2013 Decided: Before NIEMEYER, KING, and KEENAN, Circuit Judges. April 1, 2013 Dismissed by unpublished per curiam opinion. Marie Therese Assa ad-Faltas, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: In these consolidated appeals, Marie Therese Assa adFaltas seeks to appeal the district court s orders accepting the recommendations of the magistrate judge and denying relief on her 28 U.S.C. § 2254 (2006) petitions. In Appeal No. 12-7659, Assa ad-Faltas to has also filed motions exceed the length limitations for her informal brief, and to amend or correct her informal brief, and in Appeal No. 12-7664, she has filed an application to proceed in forma pauperis, as well as a motion to exceed the length limitations for her informal brief. The appealable orders unless Assa ad-Faltas a circuit certificate of appealability. A certificate of seeks justice to appeal or judge are issues not a 28 U.S.C. § 2253(c)(1)(A) (2006). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2006). relief on the demonstrating district debatable merits, that court s or a prisoner reasonable assessment wrong. When the district court denies Slack satisfies jurists this would of the v. McDaniel, standard find constitutional 529 U.S. by that the claims is 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 3 claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Assa ad-Faltas Accordingly, exceed the has although length we not made grant limitations for the requisite Assa ad-Faltas s her informal showing. motions brief and to to amend or correct her informal brief in Appeal No. 12-7659, and grant her application to proceed in forma pauperis and her motion to exceed the length limitations for her informal brief in Appeal No. 12-7664, we deny a certificate of appealability and dismiss the appeals. 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 4