US v. Hugh Wade
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 1:78-cr-00442-JKB-1,1:15-cv-03373-JKB Copies to all parties and the district court/agency. [999930670]. Mailed to: Hugh Maurice Allen Wade. [15-7882]
Appeal: 15-7882
Doc: 12
Filed: 09/16/2016
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7882
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
HUGH MAURICE ALLEN WADE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
James K. Bredar, District Judge.
(1:78-cr-00442-JKB-1; 1:15-cv-03373-JKB)
Submitted:
September 13, 2016
Decided:
September 16, 2016
Before TRAXLER, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Hugh Maurice Allen Wade, Appellant Pro Se. Sujit Raman,
Assistant United States Attorney, Greenbelt, Maryland, Rod J.
Rosenstein, United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-7882
Doc: 12
Filed: 09/16/2016
Pg: 2 of 3
PER CURIAM:
Hugh
Maurice
Allen
28
U.S.C.
the
district
The order is not appealable unless a circuit justice or
certificate
§ 2253(c)(1)(B) (2012).
issue
absent
“a
of
§ 2255
appealability.
28
(2012)
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
his
appeal
motion.
a
on
to
order
issues
relief
seeks
court’s
judge
denying
Wade
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 motion 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
Wade has not made the requisite showing.
certificate
dispense
of
with
appealability
oral
argument
and
dismiss
because
2
Accordingly, we deny a
the
the
appeal.
facts
and
We
legal
Appeal: 15-7882
Doc: 12
contentions
are
Filed: 09/16/2016
adequately
Pg: 3 of 3
presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?