Filed: Apr. 18, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7527 WILLIAM BARNETT, Petitioner – Appellant, v. ATTORNEY GENERAL, State of Maryland, Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. George L. Russell, III, District Judge. (1:11-cv-02256-GLR) Submitted: March 20, 2013 Decided: April 18, 2013 Before NIEMEYER, DIAZ, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. William Barnett, Appel
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7527 WILLIAM BARNETT, Petitioner – Appellant, v. ATTORNEY GENERAL, State of Maryland, Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. George L. Russell, III, District Judge. (1:11-cv-02256-GLR) Submitted: March 20, 2013 Decided: April 18, 2013 Before NIEMEYER, DIAZ, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. William Barnett, Appell..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7527
WILLIAM BARNETT,
Petitioner – Appellant,
v.
ATTORNEY GENERAL, State of Maryland,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. George L. Russell, III, District Judge.
(1:11-cv-02256-GLR)
Submitted: March 20, 2013 Decided: April 18, 2013
Before NIEMEYER, DIAZ, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Barnett, Appellant Pro Se. Edward John Kelley, OFFICE
OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Barnett 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)(A) (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 Barnett has not made the requisite showing. Accordingly,
we deny leave to proceed in forma pauperis, deny a certificate
of appealability and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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