Ellis Hickman, Jr. v. Bobby Shearin

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999927217-2], certificate of appealability denied. Originating case number: 1:14-cv-00339-CCB. Copies to all parties and the district court/agency. [999990811]. Mailed to: E. Hickman. [16-6931]

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Appeal: 16-6931 Doc: 13 Filed: 12/20/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6931 ELLIS LEE HICKMAN, JR., Petitioner - Appellant, v. BOBBY SHEARIN, Warden; THE ATTORNEY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. Catherine C. Blake, Chief District Judge. (1:14-cv-00339-CCB) Submitted: December 15, 2016 Decided: December 20, 2016 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Ellis Lee Hickman, 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 Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6931 Doc: 13 Filed: 12/20/2016 Pg: 2 of 3 PER CURIAM: Ellis court’s order petition. or Lee judge Hickman, denying relief seeks on to 28 his appeal U.S.C. the district § 2254 (2012) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2012). issue Jr., 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 Hickman 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 2 Appeal: 16-6931 Doc: 13 Filed: 12/20/2016 Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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