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  • Donikin-El v. Johnson, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Maurice Donikin-El's appeal of a district court order. The district court had accepted a magistrate's recommendation to dismiss Donikin-El's 28 U.S.C. § 2254 habeas corpus petition as untimely. The Fourth Circuit independently reviewed the record and determined that Donikin-El had not made the requisite showing to justify issuing a certificate of appealability, so it dismissed the appeal without oral argument.

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    Filed: 2006-11-21 Precedential Status: Non-Precedential Docket: 06-7132

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Maurice Donikin-El's appeal of a district court order. The district court had accepted a magistrate's recommendation to dismiss Donikin-El's 28 U.S.C. § 2254 habeas corpus petition as untimely. The Fourth Circuit independently reviewed the record and determined that Donikin-El had not made the requisite showing to justify issuing a certificate of appealability, so it dismissed the appeal without oral argument.

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    Public Domain
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    6 views2 pages

    Donikin-El v. Johnson, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Maurice Donikin-El's appeal of a district court order. The district court had accepted a magistrate's recommendation to dismiss Donikin-El's 28 U.S.C. § 2254 habeas corpus petition as untimely. The Fourth Circuit independently reviewed the record and determined that Donikin-El had not made the requisite showing to justify issuing a certificate of appealability, so it dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7132

    MAURICE DONIKIN-EL, a/k/a Maurice W. Donikin,


    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director
    Department of Corrections,

    of

    the

    Virginia
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Rebecca Beach Smith, District
    Judge. (2:05-cv-00494-RBS)

    Submitted: November 15, 2006

    Decided: November 21, 2006

    Before WIDENER, WILKINSON, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Maurice Donikin-El, Appellant Pro Se.


    Thomas Drummond Bagwell,
    Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Maurice Donikin-El seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    dismissing as untimely 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

    would

    this

    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 Donikin-El 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

    - 2 -

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