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Walter Porter v. DPSCS, 17-7462 (2017)

Court: Court of Appeals for the Fourth Circuit Number: 17-7462 Visitors: 44
Filed: Dec. 22, 2017
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-7462 WALTER PORTER, Petitioner - Appellant, v. DPSCS; COMMISSIONER OF MD CORRECTION; WARDEN CASEY CAMBELL; COMMITMENT DEPT. Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Ellen L. Hollander, District Judge. (1:17-cv-01001-ELH) Submitted: December 19, 2017 Decided: December 22, 2017 Before SHEDD, AGEE, and DIAZ, Circuit Judges. Dismissed by unpublished per cu
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 17-7462


WALTER PORTER,

                    Petitioner - Appellant,

             v.

DPSCS; COMMISSIONER OF MD CORRECTION; WARDEN CASEY CAMBELL;
COMMITMENT DEPT.

                    Respondents - Appellees.



Appeal from the United States District Court for the District of Maryland, at Baltimore.
Ellen L. Hollander, District Judge. (1:17-cv-01001-ELH)


Submitted: December 19, 2017                                Decided: December 22, 2017


Before SHEDD, AGEE, and DIAZ, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Walter Porter, Appellant Pro Se. Michael O’Connor Doyle, Assistant Attorney General,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
Appellees.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Walter Porter, a state prisoner, seeks to appeal the district court’s order denying

relief on his 28 U.S.C. § 2241 (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 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 Porter 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 presented in the materials before

this court and argument would not aid the decisional process.

                                                                             DISMISSED




                                             2

Source:  CourtListener

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