Green-El v. Sowers , 404 F. App'x 716 ( 2010 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 10-6791
    GLENN WM. GREEN-EL,
    Petitioner - Appellant,
    v.
    RODERICK SOWERS; THE ATTORNEY     GENERAL     OF   THE   STATE   OF
    MARYLAND; J. PHILIP MORGAN,
    Respondents - Appellees.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.      Alexander Williams, Jr., District
    Judge. (8:08-cv-00700-AW)
    Submitted:   November 30, 2010             Decided:   December 6, 2010
    Before WILKINSON, KEENAN, and WYNN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Glenn Wm. Green-El, 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    Unpublished opinions are not binding precedent in this circuit.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:
    Glenn        Wm.   Green-El    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 Green-El 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
    2
    before   the   court   and   argument   would   not   aid   the   decisional
    process.
    DISMISSED
    3
    

Document Info

Docket Number: 10-6791

Citation Numbers: 404 F. App'x 716

Judges: Wilkinson, Keenan, Wynn

Filed Date: 12/6/2010

Precedential Status: Non-Precedential

Modified Date: 11/5/2024