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  • Jordan v. McMaster, 4th Cir. (2010)

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    The United States Court of Appeals for the Fourth Circuit dismissed Charles Jordan's appeal of the district court's denial of relief on his petition. The district court had construed Jordan's petition, which was filed under 28 U.S.C. § 2241, as a petition under 28 U.S.C. § 2254. The appeals court found that Jordan did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2010-05-28 Precedential Status: Non-Precedential Docket: 10-6259

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    The United States Court of Appeals for the Fourth Circuit dismissed Charles Jordan's appeal of the district court's denial of relief on his petition. The district court had construed Jordan's petition, which was filed under 28 U.S.C. § 2241, as a petition under 28 U.S.C. § 2254. The appeals court found that Jordan did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    6 views3 pages

    Jordan v. McMaster, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Charles Jordan's appeal of the district court's denial of relief on his petition. The district court had construed Jordan's petition, which was filed under 28 U.S.C. § 2241, as a petition under 28 U.S.C. § 2254. The appeals court found that Jordan did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. 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. 10-6259

    CHARLES JORDAN, a/k/a


    Charles E. Jordan,

    Charles

    Everette

    Jordan,

    a/k/a

    Petitioner - Appellant,
    v.
    HENRY
    MCMASTER,
    INSTITUTION,

    AG;

    WARDEN

    BROAD

    RIVER

    CORRECTIONAL

    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Anderson.
    Cameron McGowan Currie, District
    Judge. (8:09-cv-00051-CMC)

    Submitted:

    May 20, 2010

    Decided:

    May 28, 2010

    Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Charles Jordan, Appellant Pro Se.


    Donald John Zelenka, Deputy
    Assistant
    Attorney
    General,
    Melody
    Jane
    Brown,
    Assistant
    Attorney General, Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Charles Jordan, a state prisoner, seeks to appeal the
    district

    courts

    magistrate
    (2006)

    order

    judge

    and

    petition,

    U.S.C. 2241
    unless

    appealability.

    denying

    which

    (2006)

    circuit

    accepting

    the

    relief

    recommendation

    on

    district

    petition.

    justice

    the

    court

    The

    or

    his

    judge

    28

    U.S.C.

    construed

    order

    is

    issues

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

    of

    not

    the

    2254

    as

    28

    appealable

    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.
    We

    have

    independently

    reviewed

    the

    Slack, 529 U.S. at 484-85.


    record

    Jordan has not made the requisite showing.


    a

    certificate

    dispense

    with

    of

    appealability

    oral

    argument

    and

    conclude

    that

    Accordingly, we deny

    dismiss

    because
    2

    and

    the

    the

    appeal.

    facts

    and

    We
    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.
    DISMISSED

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