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Michael Gorbey v. Warden, 19-6477 (2019)

Court: Court of Appeals for the Fourth Circuit Number: 19-6477 Visitors: 2
Filed: Aug. 21, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6477 MICHAEL S. OWL FEATHER-GORBEY, Petitioner - Appellant, v. WARDEN, Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:18-cv-03204-RDB) Submitted: August 6, 2019 Decided: August 21, 2019 Before THACKER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Michael S. Owl F
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 19-6477


MICHAEL S. OWL FEATHER-GORBEY,

                    Petitioner - Appellant,

             v.

WARDEN,

                    Respondent - Appellee.



Appeal from the United States District Court for the District of Maryland, at Baltimore.
Richard D. Bennett, District Judge. (1:18-cv-03204-RDB)


Submitted: August 6, 2019                                         Decided: August 21, 2019


Before THACKER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.


Dismissed by unpublished per curiam opinion.


Michael S. Owl Feather-Gorbey, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.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

       Michael S. Owl Feather-Gorbey, a District of Columbia Code offender incarcerated

at FCI Cumberland in Maryland, seeks to appeal the district court’s order dismissing his

28 U.S.C. § 2241 (2012) habeas petition. The order is not appealable unless a circuit justice

or judge issues a certificate of appealability. ∗ 28 U.S.C. § 2253(c)(1)(A) (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 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 Owl Feather-Gorbey

has not made the requisite showing. Accordingly, we deny leave to proceed in forma

pauperis, deny a certificate of appealability, and dismiss the appeal.




∗
  Because Owl Feather-Gorbey was convicted in a District of Columbia court, he is
required to obtain a certificate of appealability in order to appeal the denial of his habeas
petition. See Madley v. United States Parole Comm’n, 
278 F.3d 1306
, 1310 (D.C. Cir.
2002).
                                              2
      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




                                          3

Source:  CourtListener

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