Johnny Chatman, Jr. v. Kathleen Green

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999857732-2] Originating case number: 8:15-cv-02827-PWG Copies to all parties and the district court/agency. [999952094]. Mailed to: Johnny Chatman Jr. EASTERN CORRECTIONAL INSTITUTION 30420 Revells Neck Road Westover, MD 21890-0000. [16-6716]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6716

JOHNNY CHATMAN, JR.,
Petitioner - Appellant,
v.
KATHLEEN GREEN, Warden; OFFICE OF THE ATTORNEY GENERAL OF
MARYLAND,
Respondents - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Paul W. Grimm, District Judge. (8:15cv-02827-PWG)

Submitted:

October 18, 2016

Decided:

October 21, 2016

Before WILKINSON, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Johnny Chatman, Jr., 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Unpublished opinions are not binding precedent in this circuit.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:
Johnny Chatman, Jr., seeks to appeal the district court’s
order

dismissing

untimely filed.
justice

or

his

28

U.S.C.

§ 2254

(2012)

petition

as

The order is not appealable unless a circuit

judge

issues

a

certificate

U.S.C. § 2253(c)(1)(A) (2012).

of

appealability.

28

A certificate of appealability

will not issue absent “a substantial showing of the denial of a
constitutional right.”

28 U.S.C. § 2253(c)(2) (2012).

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
Chatman has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED

3