US v. Donte Baker, No. 14-7828 (4th Cir. 2015)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7828 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. DONTE BERNARD BAKER, a/k/a Tay, a/k/a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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 (2012). of appealability. 28 U.S.C. § 2253(c)(1)(B) 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). relief on the demonstrating district merits, that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this standard find U.S. that the claims constitutional 529 by is 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 claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Baker has not made the requisite showing. a certificate dispense with of appealability oral argument and dismiss because 2 Accordingly, we deny the the appeal. facts and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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