Filed: Nov. 20, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7116 ROBERT JAMES CASON, Petitioner - Appellant, v. NANCY ROUSE, Warden; SALLY D. ADKINS, Chairperson; STEVEN P. LEMMEY, Investigative Counsel; STATE OF MARYLAND COMMISSION ON JUDICIAL DISABILITIES, Respondents - Appellees. No. 08-7607 ROBERT JAMES CASON, Petitioner - Appellant, v. NANCY ROUSE, Warden; SALLY D. ADKINS, Chairperson; STEVEN P. LEMMEY, Investigative Counsel; STATE OF MARYLAND COMMISSION ON JUDICIAL DISABILITIE
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7116 ROBERT JAMES CASON, Petitioner - Appellant, v. NANCY ROUSE, Warden; SALLY D. ADKINS, Chairperson; STEVEN P. LEMMEY, Investigative Counsel; STATE OF MARYLAND COMMISSION ON JUDICIAL DISABILITIES, Respondents - Appellees. No. 08-7607 ROBERT JAMES CASON, Petitioner - Appellant, v. NANCY ROUSE, Warden; SALLY D. ADKINS, Chairperson; STEVEN P. LEMMEY, Investigative Counsel; STATE OF MARYLAND COMMISSION ON JUDICIAL DISABILITIES..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7116
ROBERT JAMES CASON,
Petitioner - Appellant,
v.
NANCY ROUSE, Warden; SALLY D. ADKINS, Chairperson; STEVEN P.
LEMMEY, Investigative Counsel; STATE OF MARYLAND COMMISSION
ON JUDICIAL DISABILITIES,
Respondents - Appellees.
No. 08-7607
ROBERT JAMES CASON,
Petitioner - Appellant,
v.
NANCY ROUSE, Warden; SALLY D. ADKINS, Chairperson; STEVEN P.
LEMMEY, Investigative Counsel; STATE OF MARYLAND COMMISSION
ON JUDICIAL DISABILITIES,
Respondents - Appellees.
Appeals from the United States District Court for the District
of Maryland, at Baltimore. Andre M. Davis, District Judge.
(1:08-cv-01068-AMD)
Submitted: November 13, 2008 Decided: November 20, 2008
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
No. 08-7116 affirmed; No. 08-7607 dismissed by unpublished per
curiam opinion.
Robert James Cason, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In these consolidated appeals, Robert James Cason
seeks to appeal the district court’s orders denying without
prejudice relief on his 28 U.S.C. § 2254 (2000) petition and
denying his civil rights complaint. That part of the order
denying his § 2254 petition is not appealable unless a circuit
justice or judge issues a certificate of appealability. See 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 any assessment of the
constitutional claims by the district court is debatable or
wrong and that any dispositive procedural ruling by the district
court is likewise debatable. See Miller-El v. Cockrell,
537
U.S. 322, 336-38 (2003); Slack v. McDaniel,
529 U.S. 473, 484
(2000); Rose v. Lee,
252 F.3d 676, 683-84 (4th Cir. 2001). We
have independently reviewed the record and conclude Cason has
not made the requisite showing. Accordingly, we deny a
certificate of appealability and dismiss the appeal from the
order denying § 2254 relief.
With respect to his civil rights complaint, we have
reviewed the record and the district court’s memorandum and
order and affirm the order on the reasoning of the district
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court. See Cason v. Warden, No. 1:08-cv-01068-AMD (D. Md. June
4, 2008).
Accordingly, we affirm the district court order
dismissing the civil rights complaint and deny a certificate of
appealability and dismiss the appeal from the order denying
§ 2254 relief. We also deny Cason’s motion for appointment of
counsel and for production of documents. 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.
No. 08-7116 AFFIRMED;
No. 08-7607 DISMISSED
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