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  • Morris v. Knowlin, 4th Cir. (2010)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Lauren Moe Morris, who sought to appeal a district court order denying relief on his 28 U.S.C. § 2254 petition. The court of appeals independently reviewed the record and determined that Morris did not make the requisite showing to warrant issuing a certificate of appealability, as reasonable jurists would not debate the district court's assessment of Morris's constitutional claims. As such, the court dismissed the appeal.

    Original Description:

    Filed: 2010-10-21 Precedential Status: Non-Precedential Docket: 10-6466

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Lauren Moe Morris, who sought to appeal a district court order denying relief on his 28 U.S.C. § 2254 petition. The court of appeals independently reviewed the record and determined that Morris did not make the requisite showing to warrant issuing a certificate of appealability, as reasonable jurists would not debate the district court's assessment of Morris's constitutional claims. As such, the court dismissed the appeal.

    Copyright:

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

    Morris v. Knowlin, 4th Cir. (2010)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Lauren Moe Morris, who sought to appeal a district court order denying relief on his 28 U.S.C. § 2254 petition. The court of appeals independently reviewed the record and determined that Morris did not make the requisite showing to warrant issuing a certificate of appealability, as reasonable jurists would not debate the district court's assessment of Morris's constitutional claims. As such, the court dismissed the appeal.

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    Public Domain
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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6466

    LAUREN MOE MORRIS,


    Petitioner - Appellant,
    v.
    GREGORY
    KNOWLIN,
    Institution,

    Warden

    of

    Turbeville

    Correctional

    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville.
    Margaret B. Seymour, District
    Judge. (6:09-cv-01273-MBS)

    Submitted:

    October 14, 2010

    Decided:

    October 21, 2010

    Before MOTZ, KING, and DAVIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Lauren Moe Morris, Appellant Pro Se. Donald John Zelenka, Deputy
    Assistant Attorney General, Columbia, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Lauren Moe Morris seeks to appeal the district courts
    order

    accepting

    the

    magistrate

    judges

    recommendation

    denying relief on his 28 U.S.C. 2254 (2006) petition.

    and
    The

    order is not appealable unless a circuit justice or judge issues


    a certificate of appealability.
    A

    certificate

    of

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

    appealability

    will

    not

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28 U.S.C. 2253(c)(2) (2006).
    relief

    on

    the

    demonstrating
    district
    debatable

    merits,
    that

    courts
    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    When the district court denies relief on procedural grounds, the
    prisoner must demonstrate both that the dispositive procedural
    ruling

    is

    debatable,

    and

    that

    the

    motion

    states

    debatable

    claim of the denial of a constitutional right.

    Slack, 529 U.S.

    at

    the

    484-85.

    conclude

    that

    We

    have

    Morris

    independently
    has

    not

    made

    reviewed
    the

    record

    requisite

    and

    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

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