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  • Small v. Stansberry, 4th Cir. (2007)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Patrick Small v. Patricia R. Stansberry. The district court had denied Small's petition for habeas corpus under 28 U.S.C. 2241. The Fourth Circuit dismisses Small's appeal because he did not obtain a certificate of appealability, which is required for a prisoner like Small who was convicted in D.C. court to appeal the denial of a 2241 petition. The Fourth Circuit independently reviewed the record and determined Small did not make the requisite showing to receive a certificate.

    Original Description:

    Filed: 2007-12-20 Precedential Status: Non-Precedential Docket: 07-7256

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Patrick Small v. Patricia R. Stansberry. The district court had denied Small's petition for habeas corpus under 28 U.S.C. 2241. The Fourth Circuit dismisses Small's appeal because he did not obtain a certificate of appealability, which is required for a prisoner like Small who was convicted in D.C. court to appeal the denial of a 2241 petition. The Fourth Circuit independently reviewed the record and determined Small did not make the requisite showing to receive a certificate.

    Copyright:

    Public Domain
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    9 views2 pages

    Small v. Stansberry, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Patrick Small v. Patricia R. Stansberry. The district court had denied Small's petition for habeas corpus under 28 U.S.C. 2241. The Fourth Circuit dismisses Small's appeal because he did not obtain a certificate of appealability, which is required for a prisoner like Small who was convicted in D.C. court to appeal the denial of a 2241 petition. The Fourth Circuit independently reviewed the record and determined Small did not make the requisite showing to receive a certificate.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7256

    PATRICK SMALL,
    Petitioner - Appellant,
    versus
    PATRICIA R. STANSBERRY,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Malcolm J. Howard, Senior
    District Judge. (5:06-hc-02171-H)

    Submitted:

    December 13, 2007

    Decided:

    December 20, 2007

    Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Patrick Small, Appellant Pro Se. David T. Husband, BUREAU OF


    PRISONS, Butner, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Patrick Small, a District of Columbia prisoner, seeks to
    appeal the district courts order denying relief on his 28 U.S.C.
    2241 (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). A certificate of appealability will
    not

    issue

    absent

    constitutional right.

    substantial

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2000).

    of

    A prisoner

    satisfies this standard by demonstrating that reasonable jurists


    would find that 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).
    and

    conclude

    that

    We have independently reviewed the record

    Small

    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 the
    court and argument would not aid the decisional process.

    DISMISSED

    Because Small was convicted in a District of Columbia court,


    he is required to obtain a certificate of appealability in order to
    appeal the denial of his 2241 petition. See Madley v. United
    States Parole Commn, 278 F.3d 1306 (D.C. Cir. 2002).
    - 2 -

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