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  • Rodney McNeil v. Enis Oats, 4th Cir. (2013)

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    Rodney McNeil sought to appeal a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit Court of Appeals dismissed McNeil's appeal because he did not obtain a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. The court independently reviewed the record and determined that McNeil did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed McNeil's appeal.

    Original Description:

    Filed: 2013-06-13 Precedential Status: Non-Precedential Docket: 13-6288

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    Rodney McNeil sought to appeal a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit Court of Appeals dismissed McNeil's appeal because he did not obtain a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. The court independently reviewed the record and determined that McNeil did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed McNeil's appeal.

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    3 views3 pages

    Rodney McNeil v. Enis Oats, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    Rodney McNeil sought to appeal a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit Court of Appeals dismissed McNeil's appeal because he did not obtain a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. The court independently reviewed the record and determined that McNeil did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed McNeil's appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6288

    RODNEY FLYNN MCNEIL,


    Petitioner - Appellant,
    v.
    ENIS OATS, Superintendent,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Louise W. Flanagan,
    District Judge. (5:11-hc-02205-FL)

    Submitted:

    June 10, 2013

    Decided:

    June 13, 2013

    Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Rodney Flynn McNeil, 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.

    PER CURIAM:
    Rodney
    courts

    order

    petition.
    or

    judge

    Flynn

    denying

    relief

    seeks
    on

    his

    to

    appeal

    28

    U.S.C.

    the

    district

    2254

    (2006)

    The order is not appealable unless a circuit justice


    issues

    certificate

    2253(c)(1)(A) (2006).
    issue

    McNeil

    absent

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    of

    showing

    of

    the

    denial

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

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    When the district court denies relief on procedural

    grounds, the prisoner must demonstrate both that the dispositive


    procedural ruling is debatable, and that the petition states a
    debatable claim of the denial of a constitutional right.

    Slack,

    529 U.S. at 484-85.


    We have independently reviewed the record and conclude
    that McNeil has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability, deny leave to proceed in


    forma pauperis, and dismiss the appeal.

    We dispense with oral

    argument because the facts and legal contentions are adequately

    presented in the materials before this court and argument would


    not aid the decisional process.
    DISMISSED

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