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  • Wright v. Jackson, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Andy Lee Wright's appeal of the district court's denial of his 28 U.S.C. §2254 habeas corpus petition as untimely. The appeals court found that Wright did not make the requisite showing to merit the issuance of a certificate of appealability. Additionally, the court dismissed Wright's pending motions to vacate judgment, deny his indictment, and appoint counsel, finding the facts and legal issues were adequately presented without need for oral argument.

    Original Description:

    Filed: 2006-12-29 Precedential Status: Non-Precedential Docket: 06-7005

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Andy Lee Wright's appeal of the district court's denial of his 28 U.S.C. §2254 habeas corpus petition as untimely. The appeals court found that Wright did not make the requisite showing to merit the issuance of a certificate of appealability. Additionally, the court dismissed Wright's pending motions to vacate judgment, deny his indictment, and appoint counsel, finding the facts and legal issues were adequately presented without need for oral argument.

    Copyright:

    Public Domain
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    1 views3 pages

    Wright v. Jackson, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Andy Lee Wright's appeal of the district court's denial of his 28 U.S.C. §2254 habeas corpus petition as untimely. The appeals court found that Wright did not make the requisite showing to merit the issuance of a certificate of appealability. Additionally, the court dismissed Wright's pending motions to vacate judgment, deny his indictment, and appoint counsel, finding the facts and legal issues were adequately presented without need for oral argument.

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    Public Domain
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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7005

    ANDY LEE WRIGHT,


    Petitioner - Appellant,
    versus
    RICK JACKSON,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Statesville.
    Graham C. Mullen,
    Senior District Judge. (5:06-cv-00044)

    Submitted:

    October 18, 2006

    Decided:

    December 29, 2006

    Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Andy Lee Wright, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Andy Lee Wright seeks to appeal the district courts
    order denying relief as untimely on his 28 U.S.C. 2254 (2000)
    petition.
    judge

    The order is not appealable unless a circuit justice or

    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


    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 Wright has not
    made the requisite showing.
    appealability
    Wrights

    and

    pending

    dismiss
    motions

    Accordingly, we deny a certificate of


    the
    to

    appeal.
    vacate

    In

    addition,

    judgment

    and

    we

    dismiss

    deny
    his

    indictment and for determination on both 28 U.S.C. 2254 habeas


    petition and 28 U.S.C. 2255 proceedings or, in the alternative,
    to appoint counsel.
    the

    facts

    and

    legal

    We

    dispense

    with

    oral

    argument

    because

    contentions are adequately presented in the

    - 2 -

    materials

    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.

    DISMISSED

    - 3 -

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