Marie Assa'ad-Faltas v. South Carolina, No. 13-1286 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1286 MARIE THERESE ASSA AD-FALTAS, MD, MPH, Petitioner - Appellant, v. SOUTH CAROLINA, THE STATE OF, Respondent Appellee, and COLUMBIA SC, THE CITY OF, Respondent. No. 13-1609 MARIE THERESE ASSA AD-FALTAS, MD, MPH, Petitioner - Appellant, v. SOUTH CAROLINA, THE STATE OF, Respondent Appellee, and COLUMBIA SOUTH CAROLINA, CITY OF, hereinafter the City , Respondent. Appeals from the United States District Court for the District of South Carolina, at Aiken. Terry L. Wooten, Chief District Judge. (1:13-cv-00298-TLW; 1:13-cv-00033-TLW) Submitted: October 17, 2013 Decided: October 21, 2013 Before AGEE, DAVIS, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: In these consolidated appeals, Marie Therese Assa adFaltas seeks to appeal the district court s orders accepting the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 petitions seeking federal habeas relief. Assa ad-Faltas has also filed motions to vacate the court s consolidation order and to supplement her informal opening briefs in both appeals, as well as a motion and a supplemental motion for injunctive relief pending her appeal in Appeal No. 13-1609. The appeal are issues a district not appealable certificate 2253(c)(1)(A) (2006). issue absent court a orders unless of circuit justice appealability. 28 seeks or to judge U.S.C. § A certificate of appealability will not substantial constitutional right. a Assa ad-Faltas showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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 3 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 Assa ad-Faltas has not made the requisite showing. Accordingly, we deny the pending motions, 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
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