Cromwell v. Peguese

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 22, 2003
• Docket: 03-7033
• Status: Unpublished

Opinion

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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