Thomas Gladden, Sr. v. Matt Barber
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [1000049725-2]; denying Motion for transcript at government expense [1000049728-2]; denying Motion to proceed in forma pauperis (FRAP 24) [1000049729-2] Originating case number: 8:16-cv-01257-TDC Copies to all parties and the district court/agency. . Mailed to: Thomas Gladden. [17-6274]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
THOMAS EARL GLADDEN, SR.,
Petitioner - Appellant,
MATT BARBER, Warden; ATTORNEY GENERAL OF THE STATE OF
Respondents - Appellees.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Theodore D. Chuang, District Judge. (8:16-cv-01257-TDC)
Submitted: June 20, 2017
Decided: June 23, 2017
Before SHEDD, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas Earl Gladden, Sr., Appellant Pro Se. Edward John Kelley, OFFICE OF THE
ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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Thomas Earl Gladden, Sr., seeks to appeal the district court’s order dismissing as
untimely his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability. 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 MillerEl 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 Gladden has not
made the requisite showing. Accordingly, we deny a certificate of appealability, deny
Gladden’s motions for the appointment of counsel and transcripts at Government
expense, deny leave to proceed in forma pauperis, 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.
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