James Reed, Jr. v. Bobby Shearin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 1:13-cv-00091-JKB Copies to all parties and the district court/agency. [999250875]. Mailed to: James Reed, Jr.. [13-6900]

Appeal: 13-6900

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6900

JAMES E. REED, JR., a/k/a James Bonnett,
Petitioner - Appellant,
v.
Warden BOBBY P. SHEARIN,
Respondent - Appellee.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
James K. Bredar, District Judge.
(1:13-cv-00091-JKB)

Submitted:

November 22, 2013

Decided:

December 3, 2013

Before SHEDD, DUNCAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James E. Reed, Jr., Appellant Pro Se.
Michael O’Connor Doyle,
Assistant Attorney General, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James E. Reed, Jr., a state prisoner, seeks to appeal
the district court’s order denying relief on his 28 U.S.C.A.
§ 2241 (West 2006 & Supp. 2013) petition.
appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

The order is not

or

judge

issues

a

28 U.S.C. § 2253(c)(1)(A) (2006).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2006).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

prisoner

reasonable

assessment

wrong.

When the district court denies
satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

standard

find

constitutional
529

U.S.

by

that

the

claims

is

473,

484

(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 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 Reed has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3