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  • Solis v. Johnson, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Jose German Solis's appeal of the magistrate judge's order. The magistrate judge had dismissed Solis's 28 U.S.C. § 2254 petition as untimely. The Fourth Circuit determined that Solis did not make the requisite showing to merit the issuance of a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any dispositive procedural ruling was debatable. Therefore, the Fourth Circuit denied the certificate of appealability and dismissed the appeal.

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    Filed: 2007-05-02 Precedential Status: Non-Precedential Docket: 07-6035

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    The United States Court of Appeals for the Fourth Circuit dismissed Jose German Solis's appeal of the magistrate judge's order. The magistrate judge had dismissed Solis's 28 U.S.C. § 2254 petition as untimely. The Fourth Circuit determined that Solis did not make the requisite showing to merit the issuance of a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any dispositive procedural ruling was debatable. Therefore, the Fourth Circuit denied the certificate of appealability and dismissed the appeal.

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    Public Domain
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    5 views2 pages

    Solis v. Johnson, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Jose German Solis's appeal of the magistrate judge's order. The magistrate judge had dismissed Solis's 28 U.S.C. § 2254 petition as untimely. The Fourth Circuit determined that Solis did not make the requisite showing to merit the issuance of a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any dispositive procedural ruling was debatable. Therefore, the Fourth Circuit denied the certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6035

    JOSE GERMAN SOLIS,


    Petitioner - Appellant,
    versus
    GENE M. JOHNSON,
    Corrections,

    Director,

    Department

    of
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. M. Hannah Lauck, Magistrate
    Judge. (3:06-cv-00302-MHL)

    Submitted: April 26, 2007

    Decided: May 2, 2007

    Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jose German Solis, Appellant Pro Se.


    Robert H. Anderson, III,
    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jose German Solis seeks to appeal the magistrate judges
    order dismissing as untimely his 28 U.S.C. 2254 (2000) petition.*
    The order is not appealable unless a circuit justice or judge
    issues a certificate of appealability.
    (2000).

    28 U.S.C. 2253(c)(1)

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    U.S.C. 2253(c)(2) (2000).
    demonstrating

    that

    28

    A prisoner satisfies this standard by

    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.

    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 Solis has not
    made the requisite showing.

    Accordingly, we 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

    The parties consented to the jurisdiction of the magistrate


    judge pursuant to 28 U.S.C. 636(c) (2000).
    - 2 -

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