McArthur v. Maryland Parole Commission

U.S. Court of Appeals for the Fourth Circuit
McArthur v. Maryland Parole Commission, 110 F. App'x 359 (4th Cir. 2004)

McArthur v. Maryland Parole Commission

Opinion

PER CURIAM.

Bryant K McArthur, a Maryland prisoner, seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2241 (2000). This order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find both that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that McArthur 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 the court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
Bryant K. MCARTHUR, Petitioner-Appellant, v. MARYLAND PAROLE COMMISSION; Warden, Maryland Correction Institution; Attorney General for the State of Maryland, Respondents-Appellees
Status
Unpublished