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  • Jacobs v. Beck, 4th Cir. (2004)

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    This document summarizes a United States Court of Appeals case in which Christopher Dewayne Jacobs appealed the dismissal of his 28 U.S.C. § 2254 petition as untimely. The district court had adopted a magistrate judge's recommendation to dismiss the petition. The Court of Appeals denied Jacobs' request for a certificate of appealability, finding that he had not made a substantial showing that his constitutional rights were denied. As such, the Court dismissed Jacobs' appeal.

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    Filed: 2004-12-16 Precedential Status: Non-Precedential Docket: 04-7419

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    This document summarizes a United States Court of Appeals case in which Christopher Dewayne Jacobs appealed the dismissal of his 28 U.S.C. § 2254 petition as untimely. The district court had adopted a magistrate judge's recommendation to dismiss the petition. The Court of Appeals denied Jacobs' request for a certificate of appealability, finding that he had not made a substantial showing that his constitutional rights were denied. As such, the Court dismissed Jacobs' appeal.

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    Public Domain
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    2 views2 pages

    Jacobs v. Beck, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Christopher Dewayne Jacobs appealed the dismissal of his 28 U.S.C. § 2254 petition as untimely. The district court had adopted a magistrate judge's recommendation to dismiss the petition. The Court of Appeals denied Jacobs' request for a certificate of appealability, finding that he had not made a substantial showing that his constitutional rights were denied. As such, the Court dismissed Jacobs' appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7419

    CHRISTOPHER DEWAYNE JACOBS,


    Petitioner - Appellant,
    versus
    THEODIS BECK, Secretary
    Department of Correction,

    North

    Carolina
    Respondent - Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. James A. Beaty, Jr.,
    District Judge. (CA-03-1091-1)

    Submitted:

    December 9, 2004

    Decided:

    December 16, 2004

    Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Christopher Dewayne Jacobs, Appellant Pro Se.


    Clarence Joe
    DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Christopher Dewayne Jacobs seeks to appeal the district
    courts

    order

    adopting

    the

    report

    and

    recommendation

    of

    magistrate judge and dismissing his petition filed under 28 U.S.C.


    2254 (2000) as untimely.

    An appeal may not be taken from the

    final order in a 2254 proceeding unless a circuit justice or


    judge

    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(1) (2000). 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) (2000).

    A prisoner satisfies this

    standard by demonstrating that reasonable jurists would find that


    his constitutional claims are debatable and that any dispositive
    procedural rulings by the district court are also debatable or
    wrong.

    See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003);

    Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
    676, 683 (4th Cir. 2001).

    We have independently reviewed the

    record and conclude that Jacobs has not made the requisite showing.
    Accordingly, we deny leave to proceed in forma pauperis, 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 -

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