Gregory Cooper v. Kathleen Green

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-01855-RDB Copies to all parties and the district court/agency. [999549273]. Mailed to: Gregory Cooper. [14-7560]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7560

GREGORY VAN COOPER,
Petitioner - Appellant,
v.
WARDEN KATHLEEN GREEN; THE ATTORNEY GENERAL OF MARYLAND,
Respondents - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:14-cv-01855-RDB)

Submitted:

March 17, 2015

Decided:

March 19, 2015

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

Dismissed by unpublished per curiam opinion.

Gregory Van Cooper, Appellant Pro Se.
Edward John Kelley,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Gregory Van Cooper seeks to appeal the district court’s
order

dismissing

petition.
or

judge

as

untimely

28

U.S.C.

§ 2254

(2012)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2012).
issue

his

absent

“a

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

of

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
Cooper has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

2

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.
DISMISSED

3