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Montgomery v. Attorney Gen. of Md.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 19, 2019
No. 19-6616 (4th Cir. Jul. 19, 2019)

Opinion

No. 19-6616

07-19-2019

DAVID MICHAEL MONTGOMERY, Petitioner - Appellant, v. ATTORNEY GENERAL OF THE STATE OF MARYLAND; WARDEN, ROXBURY CORRECTIONAL INSTITUTION, Respondents - Appellees, and JUDGE THOMAS FLATER STANSFIELD; JERRY BARNS, State's Attorney Prosecutor; JUDGE J. BARRY HUGHES, Respondents.

David Michael Montgomery, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the District of Maryland, at Baltimore. Ellen L. Hollander, District Judge. (1:18-cv-00601-ELH) Before MOTZ, WYNN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. David Michael Montgomery, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

David Michael Montgomery seeks to appeal the district court's order dismissing as untimely 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 Montgomery 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

Montgomery v. Attorney Gen. of Md.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 19, 2019
No. 19-6616 (4th Cir. Jul. 19, 2019)
Case details for

Montgomery v. Attorney Gen. of Md.

Case Details

Full title:DAVID MICHAEL MONTGOMERY, Petitioner - Appellant, v. ATTORNEY GENERAL OF…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jul 19, 2019

Citations

No. 19-6616 (4th Cir. Jul. 19, 2019)