Filed: Apr. 15, 2011
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6741 AUSTIN ELMER GLADHILL, III, Petitioner – Appellant, v. BOBBY SHEARIN, Warden; ATTORNEY GENERAL OF MARYLAND, Respondents – Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:07-cv-03336-CCB) Submitted: March 28, 2011 Decided: April 15, 2011 Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpu
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6741 AUSTIN ELMER GLADHILL, III, Petitioner – Appellant, v. BOBBY SHEARIN, Warden; ATTORNEY GENERAL OF MARYLAND, Respondents – Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:07-cv-03336-CCB) Submitted: March 28, 2011 Decided: April 15, 2011 Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpub..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6741
AUSTIN ELMER GLADHILL, III,
Petitioner – Appellant,
v.
BOBBY SHEARIN, Warden; ATTORNEY GENERAL OF MARYLAND,
Respondents – Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:07-cv-03336-CCB)
Submitted: March 28, 2011 Decided: April 15, 2011
Before KING and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Austin Elmer Gladhill, III, 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Unpublished opinions are not binding precedent in this circuit.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:
Austin Elmer Gladhill, III, 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). 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 Gladhill 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
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before the court and argument would not aid the decisional
process.
DISMISSED
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