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  • Keselica v. Evans, 4th Cir. (2004)

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    Michael Keselica appealed the district court's dismissal of his 28 U.S.C. § 2241 petition. The Fourth Circuit Court of Appeals independently reviewed the record and determined that Keselica did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied Keselica's motion for a certificate of appealability and dismissed the appeal. The Fourth Circuit also denied Keselica's motion to supplement the record, finding that the facts and legal arguments were adequately presented without oral arguments.

    Original Description:

    Filed: 2004-04-02 Precedential Status: Non-Precedential Docket: 04-6168

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    Michael Keselica appealed the district court's dismissal of his 28 U.S.C. § 2241 petition. The Fourth Circuit Court of Appeals independently reviewed the record and determined that Keselica did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied Keselica's motion for a certificate of appealability and dismissed the appeal. The Fourth Circuit also denied Keselica's motion to supplement the record, finding that the facts and legal arguments were adequately presented without oral arguments.

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    8 views2 pages

    Keselica v. Evans, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Michael Keselica appealed the district court's dismissal of his 28 U.S.C. § 2241 petition. The Fourth Circuit Court of Appeals independently reviewed the record and determined that Keselica did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied Keselica's motion for a certificate of appealability and dismissed the appeal. The Fourth Circuit also denied Keselica's motion to supplement the record, finding that the facts and legal arguments were adequately presented without oral arguments.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6168

    MICHAEL G. KESELICA,
    Plaintiff - Appellant,
    versus
    M. VAN EVANS, Warden,
    Detention Center,

    Washington

    County
    Defendant - Appellee.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-033365-AMD)

    Submitted:

    March 25, 2004

    Decided:

    April 2, 2004

    Before TRAXLER, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Michael G. Keselica, Appellant Pro Se. John Joseph Curran, Jr.,


    Attorney General, Baltimore, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Michael G. Keselica seeks to appeal the district courts
    order dismissing his petition under 28 U.S.C. 2241 (2000).

    We

    have independently reviewed the record and conclude that Keselica


    has

    not

    made

    substantial

    showing

    of

    the

    denial

    of

    constitutional right. See Miller-El v. Cockrell, 537 U.S. 322, 336


    (2003).

    Accordingly, we deny Keselicas motions to supplement the

    record and for 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 -

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