Filed: Mar. 20, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7902 DANTE BRUCE, Petitioner - Appellant, v. JON P. GALLEY, Warden; THE ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:07- cv-01071-RWT) Submitted: March 17, 2009 Decided: March 20, 2009 Before TRAXLER, KING, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. D
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7902 DANTE BRUCE, Petitioner - Appellant, v. JON P. GALLEY, Warden; THE ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:07- cv-01071-RWT) Submitted: March 17, 2009 Decided: March 20, 2009 Before TRAXLER, KING, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Da..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7902
DANTE BRUCE,
Petitioner - Appellant,
v.
JON P. GALLEY, Warden; THE ATTORNEY GENERAL FOR THE STATE OF
MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:07-
cv-01071-RWT)
Submitted: March 17, 2009 Decided: March 20, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dante Bruce, 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Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dante Bruce seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2254 (2006) 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)
(2006). 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) (2006). 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 that Bruce 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 the court and argument would not aid the decisional
process.
DISMISSED
2