John Matthews v. Robert Koppel
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
JOHN ANTHONY MATTHEWS, Petitioner - Appellant, v. ROBERT KOPPEL, Warden, Jessup Correctional Institution; DOUGLAS F. GANSLER, Attorney General of the State of Maryland, Respondents - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:08-cv-01389-CCB)
May 20, 2010
May 25, 2010
Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gary Eugene Bair, BENNETT & BAIR, LLC, Greenbelt, Maryland, for Appellant. Edward John Kelley, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: John court's order petition. Anthony denying Matthews relief on seeks his to 28 appeal U.S.C. the district (2006)
The order is not appealable unless a circuit justice See 28 U.S.C.
or judge issues a certificate of appealability. § 2253(c)(1) (2006). issue absent "a
A certificate of appealability will not showing of the denial of a
28 U.S.C. § 2253(c)(2) (2006).
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. 484 (2000); (2003). see Miller-El v. Slack v. McDaniel, 529 U.S. 473, Cockrell, 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. 529 U.S. at 484-85. Slack,
We have independently reviewed the record
and conclude that Matthews has not made the requisite showing. Accordingly, we deny Matthews's motion for a certificate of
appealability and dismiss the appeal.
We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not aid the decisional process. DISMISSED
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