Opinion
No. 19-6504
08-29-2019
MICHAEL S. OWL FEATHER-GORBEY, Petitioner - Appellant, v. STATE OF MARYLAND, Respondent - Appellee.
Michael S. Gorbey, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:19-cv-00788-RDB) Before GREGORY, Chief Judge, KEENAN, Circuit Judge, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Michael S. Gorbey, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Michael S. Owl Feather-Gorbey seeks to appeal the district court's order dismissing his 28 U.S.C. § 2254 (2012) habeas 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) (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 Owl Feather-Gorbey has not made the requisite showing. Accordingly, although we grant Owl Feather-Gorbey leave to proceed in forma pauperis, 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