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  • Mohammed Jilani v. State of North Carolina, 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit dismissed Mohammed Nasser Jilani's appeal of the district court's denial of relief on his 28 U.S.C. § 2241 petition. The court determined that Jilani did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2241 petition. Specifically, the court found that Jilani did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied a certificate of appealability, denied Jilani's motions for bail, appointment of counsel, and dismissed the appeal.

    Original Description:

    Filed: 2016-06-17 Precedential Status: Non-Precedential Docket: 16-6237

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    The United States Court of Appeals for the Fourth Circuit dismissed Mohammed Nasser Jilani's appeal of the district court's denial of relief on his 28 U.S.C. § 2241 petition. The court determined that Jilani did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2241 petition. Specifically, the court found that Jilani did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied a certificate of appealability, denied Jilani's motions for bail, appointment of counsel, and dismissed the appeal.

    Copyright:

    Public Domain
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    6 views3 pages

    Mohammed Jilani v. State of North Carolina, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Mohammed Nasser Jilani's appeal of the district court's denial of relief on his 28 U.S.C. § 2241 petition. The court determined that Jilani did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2241 petition. Specifically, the court found that Jilani did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied a certificate of appealability, denied Jilani's motions for bail, appointment of counsel, and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 16-6237

    MOHAMMED NASSER JILANI,


    Petitioner Appellant,
    v.
    STATE OF NORTH CAROLINA; DONNIE HARRISON,
    County Detention Public Safety Center,

    Warden

    Wake

    Respondents - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Dever III,
    Chief District Judge. (5:15-hc-02094-D)

    Submitted:

    June 7, 2016

    Decided:

    June 17, 2016

    Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Mohammed Nasser Jilani, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Mohammed Nasser Jilani, a state prisoner, seeks to appeal
    the district courts order accepting the recommendation of the
    magistrate

    judge

    and

    denying

    relief

    on

    his

    28

    U.S.C.

    2241

    (2012) petition.

    The order is not appealable unless a circuit

    justice

    issues

    or

    judge

    certificate

    U.S.C. 2253(c)(1)(A) (2012).

    of

    appealability.

    28

    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).

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts 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
    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
    Jilani has not made the requisite showing.

    Accordingly, we deny

    a certificate of appealability, deny leave to proceed in forma


    pauperis,

    deny

    the

    motions

    for

    counsel, and dismiss the appeal.


    2

    bail

    and

    for

    appointment

    of

    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

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