Francis Mbewe v. Frank Bishop

Filing

UNPUBLISHED PER CURIAM OPINION filed. Certificate of appealability denied. Originating case number: 1:14-cv-01676-JKB. Copies to all parties and the district court/agency. [1000099542].. [16-7760]

Appeal: 16-7760

Doc: 11

Filed: 06/13/2017

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7760

FRANCIS C. MBEWE,
Petitioner - Appellant,
v.
FRANK BISHOP; ATTORNEY GENERAL OF MARYLAND,
Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore.
James K. Bredar, District Judge. (1:14-cv-01676-JKB)

Submitted: May 18, 2017

Decided: June 13, 2017

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Francis C. Mbewe, Petitioner Pro Se. Edward John Kelley, OFFICE OF THE
ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Respondents.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7760

Doc: 11

Filed: 06/13/2017

Pg: 2 of 2

PER CURIAM:
Francis C. Mbewe seeks to appeal the district court’s order denying relief on his 28
U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A) (2012). 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 (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 Mbewe has not made
the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the
appeal. We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED

2