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United States v. Richard Mathisen, 18-6907 (2019)

Court: Court of Appeals for the Fourth Circuit Number: 18-6907 Visitors: 25
Filed: Feb. 27, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6907 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RICHARD MICHAEL MATHISEN, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Theodore D. Chuang, District Judge. (8:15-cr-00003-TDC-1; 8:17-cv-00343-TDC) Submitted: February 22, 2019 Decided: February 27, 2019 Before GREGORY, Chief Judge, and WYNN and QUATTLEBAUM, Circuit Judges. Dismissed by unpublished per
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 18-6907


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

RICHARD MICHAEL MATHISEN,

                    Defendant - Appellant.



Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Theodore D. Chuang, District Judge. (8:15-cr-00003-TDC-1; 8:17-cv-00343-TDC)


Submitted: February 22, 2019                                 Decided: February 27, 2019


Before GREGORY, Chief Judge, and WYNN and QUATTLEBAUM, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Peter Linn Goldman, O’REILLY & MARK, P.C., Alexandria, Virginia, for Appellant.
Joseph McFarlane, Elizabeth G. Wright, OFFICE OF THE UNITED STATES
ATTORNEY, Greenbelt, Maryland, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Richard Michael Mathisen seeks to appeal the district court’s order denying relief

on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit

justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). 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 motion 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 Mathisen 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 this court and argument

would not aid the decisional process.

                                                                               DISMISSED




                                             2

Source:  CourtListener

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