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  • Gilmore v. Johnson, 4th Cir. (2005)

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    Curtis James Gilmore Jr. appealed the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Gilmore did not make the requisite showing that reasonable jurists would find his constitutional claims debatable or that any procedural rulings were wrong. The court denied Gilmore's motion to proceed in forma pauperis and denied a certificate of appealability, dismissing the appeal without oral argument.

    Original Description:

    Filed: 2005-05-25 Precedential Status: Non-Precedential Docket: 05-6049

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    Curtis James Gilmore Jr. appealed the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Gilmore did not make the requisite showing that reasonable jurists would find his constitutional claims debatable or that any procedural rulings were wrong. The court denied Gilmore's motion to proceed in forma pauperis and denied a certificate of appealability, dismissing the appeal without oral argument.

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    Public Domain
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    9 views2 pages

    Gilmore v. Johnson, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    Curtis James Gilmore Jr. appealed the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Gilmore did not make the requisite showing that reasonable jurists would find his constitutional claims debatable or that any procedural rulings were wrong. The court denied Gilmore's motion to proceed in forma pauperis and denied a certificate of appealability, dismissing the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6049

    CURTIS JAMES GILMORE, JR.,


    Petitioner - Appellant,
    versus
    GENE JOHNSON, Director, Virginia Department of
    Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.
    Samuel G. Wilson, District
    Judge. (CA-04-109)

    Submitted:

    May 19, 2005

    Decided:

    May 25, 2005

    Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Curtis James Gilmore, Jr., 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:
    Curtis James Gilmore, Jr., seeks to appeal the district
    courts order denying relief on his 28 U.S.C. 2254 (2000)
    petition.

    An appeal may not be taken from the final order in a

    habeas corpus proceeding 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
    constitutional

    (2000).
    that

    prisoner

    reasonable

    claims

    are

    satisfies

    jurists

    debatable

    this

    would

    and

    that

    28 U.S.C.
    standard

    find
    any

    that

    by
    his

    dispositive

    procedural rulings by the district court are also debatable or


    wrong.

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

    Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
    676, 683 (4th Cir. 2001).
    record

    and

    conclude

    that

    We have independently reviewed the


    Gilmore

    has

    not

    made

    the

    requisite

    showing. Accordingly, we deny Gilmores motion to proceed in forma


    pauperis on appeal, deny 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

    - 2 -

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