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  • Larry Hendricks v. Levern Cohen, 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit dismissed Larry Hendricks' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court found that Hendricks did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and concluded that Hendricks failed to show that the district court's procedural ruling was debatable or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2013-01-23 Precedential Status: Non-Precedential Docket: 12-7933

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    The United States Court of Appeals for the Fourth Circuit dismissed Larry Hendricks' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court found that Hendricks did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and concluded that Hendricks failed to show that the district court's procedural ruling was debatable or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    6 views3 pages

    Larry Hendricks v. Levern Cohen, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Larry Hendricks' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court found that Hendricks did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and concluded that Hendricks failed to show that the district court's procedural ruling was debatable or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-7933

    LARRY EDWARD HENDRICKS,


    Petitioner Appellant,
    v.
    LEVERN COHEN, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.
    David C. Norton, District Judge.
    (3:11-cv-02373-DCN)

    Submitted:

    January 17, 2013

    Decided: January 23, 2013

    Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Larry Edward Hendricks, Appellant Pro Se. William Edgar Salter,


    III, Assistant Attorney General, Columbia, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Larry Edward Hendricks seeks to appeal the district
    courts orders accepting the recommendation of the magistrate
    judge and denying relief on his 28 U.S.C. 2254 (2006) petition
    and

    denying

    unless

    reconsideration.

    circuit

    appealability.

    justice

    The

    or

    orders

    judge

    are

    issues

    not

    appealable

    certificate

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

    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 Hendricks 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

    this court and argument would not aid the decisional process.

    DISMISSED

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