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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6994 NDOKLEY PETER ENOW, Petitioner - Appellant, v. WARDEN RICKY FOXWELL; ATTORNEY GENERAL OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Paul W. Grimm, District Judge. (8:17-cv-01912-PWG) Submitted: November 29, 2018 Decided: December 4, 2018 Before DUNCAN and KEENAN, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Ndokey Enow, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ndokley Peter Enow seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2254(2012) 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) (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 Enow 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
Document Info
Docket Number: 18-6994
Filed Date: 12/4/2018
Precedential Status: Non-Precedential
Modified Date: 4/18/2021