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  • Irwin v. Baker, 4th Cir. (2006)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Lavern Ray Irwin's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court finds that Irwin did not make the requisite substantial showing of the denial of a constitutional right to justify issuing a certificate of appealability. Accordingly, the court denies Irwin's motions to expand the record and for a certificate of appealability, and dismisses the appeal.

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    Filed: 2006-11-20 Precedential Status: Non-Precedential Docket: 06-6494

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Lavern Ray Irwin's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court finds that Irwin did not make the requisite substantial showing of the denial of a constitutional right to justify issuing a certificate of appealability. Accordingly, the court denies Irwin's motions to expand the record and for a certificate of appealability, and dismisses the appeal.

    Copyright:

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

    Irwin v. Baker, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Lavern Ray Irwin's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court finds that Irwin did not make the requisite substantial showing of the denial of a constitutional right to justify issuing a certificate of appealability. Accordingly, the court denies Irwin's motions to expand the record and for a certificate of appealability, and dismisses the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6494

    LAVERN RAY IRWIN,


    Petitioner - Appellant,
    versus
    DERRICK WADSWORTH,
    Respondent - Appellee,
    and
    JUANITA H. BAKER; JEWEL E. DUNN; CHARLES L.
    MANN, SR.,
    Respondents.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:05-hc-00162-BO)

    Submitted: November 15, 2006

    Decided:

    November 20, 2006

    Before WIDENER, WILKINSON, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Lavern Ray Irwin, Appellant Pro Se. Clarence Joe DelForge, III,
    NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Lavern Ray Irwin seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2254 (2000) petition.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    this

    would

    28 U.S.C.
    standard

    find

    that

    by
    any

    assessment of the constitutional claims by the district court is


    debatable or wrong and that any dispositive procedural ruling by
    the district court is likewise debatable.

    Miller-El v. Cockrell,

    537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484
    (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

    We have

    independently reviewed the record and conclude that Irwin has not
    made the requisite showing.

    Accordingly, we deny Irwins motions

    to expand the record, for a certificate of appealability and


    dismiss the appeal.
    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    DISMISSED

    - 3 -

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