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  • McCarter v. VA Dept Corrections, 4th Cir. (2005)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Dewayne McCarter, a Virginia prisoner. The court had denied McCarter's petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit independently reviewed the record and concluded that McCarter did not make the requisite substantial showing that his constitutional rights were denied, so it denied his request for a certificate of appealability and dismissed his appeal.

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    Filed: 2005-06-24 Precedential Status: Non-Precedential Docket: 04-7897

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Dewayne McCarter, a Virginia prisoner. The court had denied McCarter's petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit independently reviewed the record and concluded that McCarter did not make the requisite substantial showing that his constitutional rights were denied, so it denied his request for a certificate of appealability and dismissed his appeal.

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    Public Domain
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    4 views2 pages

    McCarter v. VA Dept Corrections, 4th Cir. (2005)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Dewayne McCarter, a Virginia prisoner. The court had denied McCarter's petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit independently reviewed the record and concluded that McCarter did not make the requisite substantial showing that his constitutional rights were denied, so it denied his request for a certificate of appealability and dismissed his appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7897

    DEWAYNE MCCARTER,
    Petitioner - Appellant,
    versus
    VIRGINIA DEPARTMENT OF CORRECTIONS,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Claude M. Hilton, District
    Judge. (CA-04-217-1-CMH)

    Submitted:

    May 23, 2005

    Decided:

    June 24, 2005

    Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Dewayne McCarter, Appellant Pro Se.


    Virginia Bidwell Theisen,
    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Dewayne McCarter, a Virginia prisoner, seeks to appeal
    the district courts order denying relief on his petition filed
    under 28 U.S.C. 2254 (2000).

    An appeal may not be taken from the

    final order in a habeas corpus 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 McCarter has not made the requisite
    showing.

    Accordingly, we deny McCarters motion for a certificate

    of appealability and we 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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