US v. Caleb Otsibah, No. 14-6727 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6727 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CALEB K. OTSIBAH, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Paul W. Grimm, District Judge. (8:11cr-00157-PWG-4; 8:13-cv-02193-PWG) Submitted: September 15, 2014 Before AGEE and Circuit Judge. KEENAN, Circuit Decided: Judges, September 24, 2014 and DAVIS, Senior Dismissed by unpublished per curiam opinion. Caleb K. Otsibah, Appellant Pro Se. James I. Pearce, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; David Ira Salem, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Caleb K. Otsibah seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate (2012). of appealability. 28 U.S.C. § 2253(c)(1)(B) 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). relief on the demonstrating district merits, that court s debatable or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find that the claims constitutional 529 by is 473, 484 U.S. (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 motion states claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Otsibah has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma motion pauperis, to and appoint dismiss counsel. the appeal. We We dispense with deny oral Otsibah s argument because the facts and legal contentions are adequately presented 2 in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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