United States v. Donte Baker

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7828
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DONTE BERNARD BAKER, a/k/a Tay, a/k/a Donnie,
Defendant - Appellant.
Appeal from the United States District Court for the District
Maryland, at Baltimore. James K. Bredar, District Judge.
(1:11-cr-00426-JKB-1; 1:14-cv-03458-JKB)
Submitted: March 12, 2015 Decided: March 17, 2015
Before GREGORY, DIAZ, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donte Bernard Baker, Appellant Pro Se. Anthony Joseph Enright,
Assistant United States Attorney, Charlotte, North Carolina;
Joshua Thomas Ferrentino, Robert Reeves Harding, Assistant
United States Attorneys, Baltimore, Maryland; Joshua L. Kaul,
PERKINS COIE LLP, Madison, Wisconsin, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donte Bernard Baker 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
Baker 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
2
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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