Anthony Kelly v. Bobby Shearin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motions for other relief [999497506-2], and [999497504-2] Originating case number: 1:14-cv-00717-RDB Copies to all parties and the district court/agency. [999512992].. [14-4715]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4715

ANTHONY QUINTIN KELLY,
Petitioner – Appellant,
v.
BOBBY F. SHEARIN, Warden;
GENERAL OF MARYLAND,

JOHN

MCCARTHY,

Esq.;

ATTORNEY

Respondents - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:14-cv-00717-RDB)

Submitted:

January 15, 2015

Decided:

January 20, 2015

Before WILKINSON and NIEMEYER, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Anthony Quintin Kelly, Appellant Pro Se. Edward John Kelley,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Anthony
court’s

order

petition.

Quintin

denying

Kelly

relief

seeks

on

to

his

28

appeal
U.S.C.

district

§ 2254

(2012)

The order is not appealable unless a circuit justice

or judge issues a certificate of appealability.
§ 2253(c)(1)(A) (2012).
issue

the

absent

“a

A certificate of appealability will not

substantial

constitutional right.”

See 28 U.S.C.

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

of

a

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.

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 Kelly has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.

We

deny Kelly’s motions for release, transfer, and mandamus relief.
We

dispense

with

oral

argument

2

because

the

facts

and

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