Filed: May 17, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7864 LANCE D. STURGIS, Petitioner - Appellant, versus J. MICHAEL STOUFFER; ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Roger W. Titus, District Judge. (CA-04- 712-8-RWT) Submitted: Mary 12, 2005 Decided: May 17, 2005 Before TRAXLER, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. La
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7864 LANCE D. STURGIS, Petitioner - Appellant, versus J. MICHAEL STOUFFER; ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Roger W. Titus, District Judge. (CA-04- 712-8-RWT) Submitted: Mary 12, 2005 Decided: May 17, 2005 Before TRAXLER, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Lan..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7864
LANCE D. STURGIS,
Petitioner - Appellant,
versus
J. MICHAEL STOUFFER; ATTORNEY GENERAL FOR THE
STATE OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Roger W. Titus, District Judge. (CA-04-
712-8-RWT)
Submitted: Mary 12, 2005 Decided: May 17, 2005
Before TRAXLER, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lance D. Sturgis, Appellant Pro Se. John Joseph Curran, Jr.,
Attorney General, Anne Norman Bosse, OFFICE OF THE ATTORNEY GENERAL
OF MARYLAND, Baltimore, Maryland, for Appellees
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Lance D. Sturgis, a state prisoner, seeks to appeal the
district court’s order dismissing his petition filed under 28
U.S.C. § 2254 (2000) as time-barred under 28 U.S.C. § 2244(d)(1)
(2000). The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this
standard by demonstrating that reasonable jurists would find that
his constitutional claims are debatable and that any dispositive
procedural rulings by the district court are also debatable or
wrong. See Miller-El v. Cockrell,
537 U.S. 322, 336 (2003);
Slack v. McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d
676, 683 (4th Cir. 2001). We have independently reviewed the
record and conclude that Sturgis has not made the requisite
showing. Accordingly, we deny a certificate of appealability, deny
Sturgis’s motion for summary judgment, and dismiss the appeal. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
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