UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7923
GOLD LEROY BASS, JR.,
Petitioner – Appellant,
v.
BOBBY P. SHEARIN, Warden, Western Correctional Institution;
ATTORNEY GENERAL OF MARYLAND,
Respondents – Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, District Judge.
(1:08-cv-01839-JFM)
Submitted: June 1, 2010 Decided: June 4, 2010
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frank M. Dunbaugh, Annapolis, Maryland, for Appellant. Edward
John Kelley, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND,
Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gold Leroy Bass, Jr., seeks to appeal the district
court’s order denying his 28 U.S.C. § 2254 (2006) petition as
successive and untimely. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability.
See 28 U.S.C. § 2253(c)(1) (2006). 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)
(2006). A prisoner satisfies this standard by demonstrating
that reasonable jurists would find that any assessment of the
constitutional claims by the district court is debatable or
wrong and that any dispositive procedural ruling by the district
court is likewise debatable. See Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473,
484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).
We have independently reviewed the record and conclude that Bass
has not made the requisite showing. Accordingly, we deny Bass’
motion to accelerate case processing, 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
2