Rahsean Holmes v. State of Maryland

U.S. Court of Appeals for the Fourth Circuit October 26, 2018

Opinion

No. 18-6967

Petitioner - Appellant,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:18-cv-01173-CCB)

Submitted: October 23, 2018 Decided: October 26, 2018

Before NIEMEYER, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rahsean Holmes, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Rahsean Holmes seeks to appeal the district court’s order denying relief on 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 Holmes 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.