Jason T. Scott v. Warden J.T. Shartle


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999980582-2], denying Motion to proceed in forma pauperis (FRAP 24) [999972311-2] Originating case number: 8:16-cv-00364-TDC Copies to all parties and the district court/agency. [1000007274]. Mailed to: Jason Scott. [16-7603]

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Appeal: 16-7603 Doc: 13 Filed: 01/20/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7603 JASON T. SCOTT, Petitioner - Appellant, v. WARDEN J. T. SHARTLE, named as FCC Warden; SUSAN MCCLINTOCK, named as USP Warden, Tucson, AZ; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Theodore D. Chuang, District Judge. (8:16-cv-00364-TDC) Submitted: January 17, 2017 Decided: Janaury 20, 2017 Before NIEMEYER, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Jason T. Scott, Appellant Pro Se. Edward John Kelley, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7603 Doc: 13 Filed: 01/20/2017 Pg: 2 of 3 PER CURIAM: Jason T. Scott seeks to appeal the district court’s order dismissing prejudice his for 28 U.S.C. failure to § 2254 exhaust (2012) state petition court without remedies. The order is not appealable unless a circuit justice or judge issues a certificate (2012). of appealability. 28 U.S.C. § 2253(c)(1)(A) 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). relief on the demonstrating district merits, that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find constitutional 529 U.S. by that the claims is 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 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 Scott 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: 16-7603 Doc: 13 Filed: 01/20/2017 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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