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  • Emmett Nall v. Warden Cartledge, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Emmett Ray Nall, a state prisoner. Nall sought to appeal the district court's denial of relief on his 28 U.S.C. § 2241 petition. The appeals court determined that Nall did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2241 petition. As such, the court dismissed Nall's appeal without oral argument.

    Original Description:

    Filed: 2013-08-27 Precedential Status: Non-Precedential Docket: 13-6997

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Emmett Ray Nall, a state prisoner. Nall sought to appeal the district court's denial of relief on his 28 U.S.C. § 2241 petition. The appeals court determined that Nall did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2241 petition. As such, the court dismissed Nall's appeal without oral argument.

    Copyright:

    Public Domain
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    1 views3 pages

    Emmett Nall v. Warden Cartledge, 4th Cir. (2013)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Emmett Ray Nall, a state prisoner. Nall sought to appeal the district court's denial of relief on his 28 U.S.C. § 2241 petition. The appeals court determined that Nall did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2241 petition. As such, the court dismissed Nall's appeal without oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6997

    EMMETT RAY NALL,


    Petitioner - Appellant,
    v.
    WARDEN CARTLEDGE,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville.
    Joseph F. Anderson, Jr.,
    District Judge. (6:12-cv-02375-JFA)

    Submitted:

    August 20, 2013

    Decided:

    August 27, 2013

    Before MOTZ, SHEDD, and WYNN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Emmett Ray Nall, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Emmett Ray Nall, a state prisoner, seeks to appeal the
    district

    courts

    order

    accepting

    the

    recommendation

    of

    the

    magistrate judge and denying relief on his 28 U.S.C.A. 2241


    (West 2006 & Supp. 2013) petition.
    unless

    circuit

    appealability.

    justice

    or

    The order is not appealable

    judge

    issues

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

    certificate

    of

    A certificate

    of appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2006).

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

    When the district court denies relief on the merits, a

    prisoner

    satisfies

    this

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    courts

    assessment of the constitutional claims is debatable or wrong.


    Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
    Cockrell, 537 U.S. 322, 336-38 (2003).
    denies

    relief

    demonstrate

    on

    both

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    must

    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 Nall has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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