Marvin Dorsey v. Bobby Shearin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999561983-2]; denying a certificate of appealability. Originating case number: 1:12-cv-01243-JKB. Copies to all parties and the district court. [999675352]. Mailed to: Marvin Dorsey. [15-6341]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6341

MARVIN LAMONT DORSEY,
Petitioner - Appellant,
v.
BOBBY P. SHEARIN, Warden; THE ATTORNEY GENERAL OF THE STATE
OF MARYLAND,
Respondents - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
James K. Bredar, District Judge.
(1:12-cv-01243-JKB)

Submitted:

September 28, 2015

Decided:

October 9, 2015

Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Marvin Lamont Dorsey, 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Unpublished opinions are not binding precedent in this circuit.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:
Marvin Lamont Dorsey seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (2012) petition.
The order is not appealable unless a circuit justice or judge
issues

a

certificate

§ 2253(c)(1)(A) (2012).
issue

absent

“a

of

appealability.

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

28

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
Dorsey has not made the requisite showing.
a

certificate

of

appealability,

deny

Accordingly, we deny
as

moot

Dorsey’s

application for leave to proceed in forma pauperis, and dismiss
the appeal.

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials
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before

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this

court

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and

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argument

would

not

aid

the

decisional

process.
DISMISSED

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