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William Barnett v. Attorney General, 12-7527 (2013)

Court: Court of Appeals for the Fourth Circuit Number: 12-7527 Visitors: 40
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Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7527 WILLIAM BARNETT, Petitioner – Appellant, v. ATTORNEY GENERAL, State of Maryland, Respondent -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 Dismissed by unpublished per curiam opinion.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
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                              UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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



                                           2
presented in the materials before this court and argument would

not aid the decisional process.

                                                      DISMISSED




                                  3

Source:  CourtListener

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