Joseph Edwards v. Warden Frank Bishop

Filing

UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability. Originating case number: 1:15-cv-01888-RDB. Copies to all parties and the district court. [1000114673]. Mailed to: Joseph Edwards. [17-6210]

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Appeal: 17-6210 Doc: 10 Filed: 07/10/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6210 JOSEPH W. EDWARDS, Petitioner - Appellant, v. WARDEN FRANK BISHOP; THE ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:15-cv-01888-RDB) Submitted: June 29, 2017 Decided: July 10, 2017 Before WILKINSON, TRAXLER, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Anna S. Kelly, William Nelson Sinclair, SILVERMAN, THOMPSON, SLUTKIN & WHITE, Baltimore, Maryland, for Appellant. Edward John Kelley, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 17-6210 Doc: 10 Filed: 07/10/2017 Pg: 2 of 2 PER CURIAM: Joseph W. Edwards 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 Edwards 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

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