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`UNPUBLISHED
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`UNITED STATES COURT OF APPEALS
`FOR THE FOURTH CIRCUIT
`
`
`No. 18-6898
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`ANTHONY QUENTIN KELLY,
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`Petitioner - Appellant,
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`v.
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`WARDEN FRANK B. BISHOP, JR.; JOHN MCCARTHY, State Attorney;
`ATTORNEY GENERAL OF MARYLAND,
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`
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`Respondents - Appellees.
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`
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`
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`Appeal from the United States District Court for the District of Maryland, at Baltimore.
`Richard D. Bennett, District Judge. (1:17-cv-02065-RDB)
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`
`
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`Submitted: June 26, 2020
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`Decided: July 17, 2020
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`
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`Before GREGORY, Chief Judge, MOTZ, Circuit Judge, and TRAXLER, Senior Circuit
`Judge.
`
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`Dismissed by unpublished per curiam opinion.
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`
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`Anthony Quentin Kelly, Appellant Pro Se. Jer Welter, OFFICE OF THE ATTORNEY
`GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee.
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`Unpublished opinions are not binding precedent in this circuit.
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`
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`PER CURIAM:
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`Anthony Quentin Kelly seeks to appeal the district court’s order denying relief on
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`his 28 U.S.C. § 2254 (2018) petition.* The order is not appealable unless a circuit justice
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`or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A) (2018). A
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`certificate of appealability will not issue absent “a substantial showing of the denial of a
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`constitutional right.” 28 U.S.C. § 2253(c)(2) (2018). When the district court denies relief
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`on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists
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`could find the district court’s assessment of the constitutional claims debatable or wrong.
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`See Buck v. Davis, 137 S. Ct. 759, 773-74 (2017). When the district court denies relief on
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`procedural grounds, the prisoner must demonstrate both that the dispositive procedural
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`ruling is debatable and that the petition states a debatable claim of the denial of a
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`constitutional right. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v.
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`McDaniel, 529 U.S. 473, 484 (2000)).
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`
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`We have independently reviewed the record and conclude that Kelly has not made
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`the requisite showing. Accordingly, we deny a certificate of appealability, deny Kelly’s
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`motions for judgment, and dismiss the appeal. We dispense with oral argument because
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`* We previously remanded to the district court for a determination of the timeliness
`of Kelly’s notice of appeal. The district court found that the notice was timely, and we find
`that conclusion was not clearly erroneous. Accordingly, we now consider the merits of
`Kelly’s appeal.
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`
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`2
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`
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`the facts and legal contentions are adequately presented in the materials before this court
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`and argument would not aid the decisional process.
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`DISMISSED
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`
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`3
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`
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