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Bowie v. Warden

United States Court of Appeals, Fourth Circuit
Dec 20, 2022
No. 22-7061 (4th Cir. Dec. 20, 2022)

Opinion

22-7061

12-20-2022

MONTRELLE BOWIE, Petitioner - Appellant, v. WARDEN; THE ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees.

Montrelle Bowie, Appellant Pro Se.


UNPUBLISHED

Submitted: December 15, 2022

Appeal from the United States District Court for the District of Maryland, at Baltimore. George L. Russell, III, District Judge. (1:16-cv-00666-GLR)

Montrelle Bowie, Appellant Pro Se.

Before GREGORY, Chief Judge, and WILKINSON and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

Montrelle Bowie seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 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). 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court's assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 137 S.Ct. 759, 773-74 (2017). 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. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).

We have independently reviewed the record and conclude that Bowie 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


Summaries of

Bowie v. Warden

United States Court of Appeals, Fourth Circuit
Dec 20, 2022
No. 22-7061 (4th Cir. Dec. 20, 2022)
Case details for

Bowie v. Warden

Case Details

Full title:MONTRELLE BOWIE, Petitioner - Appellant, v. WARDEN; THE ATTORNEY GENERAL…

Court:United States Court of Appeals, Fourth Circuit

Date published: Dec 20, 2022

Citations

No. 22-7061 (4th Cir. Dec. 20, 2022)