Mark French v. Frank Bishop, Jr.
Mark French v. Frank Bishop, Jr.
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-6780
MARK FRENCH,
Petitioner - Appellant,
v.
FRANK B. BISHOP, JR.; ATTORNEY GENERAL OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:18-cv-00879-RDB)
Submitted: November 19, 2020 Decided: November 23, 2020
Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mark French, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Mark French seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2254petition. 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). 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). When the district court denies relief on the merits, a prisoner satisfies
this standard by demonstrating that reasonable jurists could find the district court’s
assessment of the constitutional claims debatable or wrong. See Buck v. Davis,
137 S. Ct. 759, 773-74(2017). 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. Gonzalez v.
Thaler,
565 U.S. 134, 140-41(2012) (citing Slack v. McDaniel,
529 U.S. 473, 484(2000)).
We have independently reviewed the record and conclude that French 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
2
Reference
- Status
- Unpublished