Ericky Bogues v. Bobby Shearin , 491 F. App'x 407 ( 2012 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-7725
    ERICKY ARNEZZ BOGUES,
    Petitioner - Appellant,
    v.
    BOBBY P. SHEARIN, Warden; THE ATTORNEY GENERAL OF THE STATE
    OF MARYLAND,
    Respondents - Appellees.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.    Catherine C. Blake, District Judge.
    (1:11-cv-02724-CCB)
    Submitted:   December 13, 2012            Decided:   December 19, 2012
    Before MOTZ, WYNN, and FLOYD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Ericky Arnezz Bogues, Appellant Pro Se.     Edward John Kelley,
    OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
    for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Ericky      Arnezz    Bogues     seeks    to     appeal      the    district
    court’s order dismissing as untimely his 
    28 U.S.C. § 2254
     (2006)
    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) (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 Bogues 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
    3
    

Document Info

Docket Number: 12-7725

Citation Numbers: 491 F. App'x 407

Judges: Floyd, Motz, Per Curiam, Wynn

Filed Date: 12/19/2012

Precedential Status: Non-Precedential

Modified Date: 11/6/2024