Anthony Kelly v. Bobby Shearin, No. 11-6550 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6550 ANTHONY QUINTIN KELLY, Petitioner - Appellant, v. BOBBY P. General, SHEARIN, Warden; DOUGLAS F. GANSLER, Attorney Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:11-cv-00262-AW) Submitted: July 21, 2011 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit Judges, July 26, 2011 and HAMILTON, Dismissed by unpublished per curiam opinion. Anthony Quintin Kelly, Appellant Pro Se. Edward John Kelley, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony court s order petition. Quintin denying Kelly relief seeks on to his 28 appeal U.S.C. district § 2254 (2006) The order is not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1)(A) (2006). issue the absent a A certificate of appealability will not substantial constitutional right. See 28 U.S.C. showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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. 529 U.S. at 484-85. and conclude that Slack, We have independently reviewed the record Kelly has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny as moot Kelly s motion to withdraw his motion to extend time to file informal opening brief which was granted on May 11, 2011, deny all appeal. of Kelly s other pending motions, and dismiss the We dispense with oral argument because the facts and 2 legal before contentions the court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 3

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