U.S. Court of Appeals for the Fourth Circuit, 2024

Lawrence Wilder, Sr. v. Warden

Lawrence Wilder, Sr. v. Warden
U.S. Court of Appeals for the Fourth Circuit · Decided June 27, 2024

Lawrence Wilder, Sr. v. Warden

Opinion

USCA4 Appeal: 23-6725 Doc: 12 Filed: 06/27/2024 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6725

LAWRENCE V. WILDER, Petitioner - Appellant, v. WARDEN, Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore.

Theodore D. Chuang, District Judge. (1:22-cv-03264-TDC)

Submitted: June 25, 2024 Decided: June 27, 2024

Before RICHARDSON and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Lawrence Verline Wilder, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6725 Doc: 12 Filed: 06/27/2024 Pg: 2 of 2

PER CURIAM: Lawrence Verline Wilder, Sr., seeks to appeal the district court’s order dismissing without prejudice his 28 U.S.C. § 2254 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). 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, 580 U.S. 100, 115-17 (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 Wilder has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We deny Wilder’s motions for general relief. 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

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