Ellis Hickman, Jr. v. Bobby Shearin
UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: E. Hickman. [16-6931]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ELLIS LEE HICKMAN, JR.,
Petitioner - Appellant,
BOBBY SHEARIN, Warden; THE ATTORNEY GENERAL OF THE STATE OF
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, Chief District
December 15, 2016
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Dismissed by unpublished per curiam opinion.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,
Unpublished opinions are not binding precedent in this circuit.
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The order is not appealable unless a circuit justice
§ 2253(c)(1)(A) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Hickman has not made the requisite showing.
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.
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