John Matthews v. Robert Koppel
Filing
920100525
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-8119
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)
Submitted:
May 20, 2010
Decided:
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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)
§ 2254
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
substantial
constitutional right."
28 U.S.C. § 2253(c)(2) (2006).
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. 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
2
presented in the materials before the court and argument would not aid the decisional process. DISMISSED
3
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