Jason T. Scott v. Warden J.T. Shartle
Filing
UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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?