Scribd Logo
Upload

Welcome to Scribd!

  • Gregory Gordon v. State of North Carolina, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    2 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gregory Lynn Gordon of the denial of his 28 U.S.C. § 2241 petition. The court found that Gordon did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2241 petition. Specifically, Gordon did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Gordon's appeal and denied his motion to appoint counsel.

    Original Description:

    Filed: 2012-11-06 Precedential Status: Non-Precedential Docket: 12-7378

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gregory Lynn Gordon of the denial of his 28 U.S.C. § 2241 petition. The court found that Gordon did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2241 petition. Specifically, Gordon did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Gordon's appeal and denied his motion to appoint counsel.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    2 views3 pages

    Gregory Gordon v. State of North Carolina, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gregory Lynn Gordon of the denial of his 28 U.S.C. § 2241 petition. The court found that Gordon did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2241 petition. Specifically, Gordon did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Gordon's appeal and denied his motion to appoint counsel.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-7378

    GREGORY LYNN GORDON,


    Plaintiff - Appellant,
    v.
    STATE OF NORTH CAROLINA,
    Defendant - Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.
    Robert J. Conrad,
    Jr., Chief District Judge. (3:12-cv-00441-RJC)

    Submitted:

    November 2, 2012

    Decided:

    November 6, 2012

    Before WILKINSON, KEENAN, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Gregory Lynn Gordon, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Gregory Lynn Gordon, a state pretrial detainee, seeks
    to appeal the district courts order denying relief on his 28
    U.S.C.A. 2241 (West 2006 & Supp. 2012) petition.
    not

    appealable

    unless

    circuit

    certificate of appealability.
    A

    certificate

    of

    justice

    or

    The order is

    judge

    issues

    28 U.S.C. 2253(c)(1)(A) (2006).

    appealability

    will

    not

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28 U.S.C. 2253(c)(2) (2006).
    relief

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    prisoner

    reasonable

    assessment

    wrong.

    When the district court denies

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    When the district court denies relief on procedural grounds, the
    prisoner must demonstrate both that the dispositive procedural
    ruling is debatable, and that the petition states a debatable
    claim of the denial of a constitutional right.

    Slack, 529 U.S.

    at 484-85.
    We have independently reviewed the record and conclude
    that Gordon has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability, deny Gordons motion to


    appoint counsel, and dismiss the appeal.

    We dispense with oral

    argument because the facts and legal contentions are adequately


    2

    presented in the materials before the court and argument would


    not aid the decisional process.
    DISMISSED

    You might also like