UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7033
DONALD CROMWELL,
Petitioner - Appellant,
versus
JAMES V. PEGUESE; ATTORNEY GENERAL OF THE
STATE OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District Judge.
(CA-03-1619-1-WDQ)
Submitted: August 14, 2003 Decided: August 22, 2003
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donald Cromwell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Donald Cromwell, a Maryland inmate, seeks to appeal the
district court’s order construing his 28 U.S.C. § 2254 (2000)
petition as a 28 U.S.C. § 2241 (2000) petition and dismissing the
petition as frivolous. We have independently reviewed the record
and conclude that Cromwell has not made a substantial showing of
the denial of a constitutional right. See Miller-El v. Cockrell,
537 U.S. 322, , 123 S. Ct. 1029, 1039 (2003). Accordingly, we
deny a certificate of appealability and dismiss the appeal. See 28
U.S.C. § 2253(c) (2000). 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
2