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  • Walker v. Lee, 4th Cir. (2005)

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    This document summarizes a court case in which Keialto Maurice Walker appealed the denial of his petition for a writ of habeas corpus. A magistrate judge had denied Walker's petition. The appeals court dismissed Walker's appeal because he did not receive a certificate of appealability, which requires demonstrating that reasonable jurists would find his constitutional claims debatable. The appeals court independently reviewed the record and did not find that Walker made the required showing to receive a certificate of appealability. Therefore, the court dismissed Walker's appeal.

    Original Description:

    Filed: 2005-01-19 Precedential Status: Non-Precedential Docket: 04-7397

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    This document summarizes a court case in which Keialto Maurice Walker appealed the denial of his petition for a writ of habeas corpus. A magistrate judge had denied Walker's petition. The appeals court dismissed Walker's appeal because he did not receive a certificate of appealability, which requires demonstrating that reasonable jurists would find his constitutional claims debatable. The appeals court independently reviewed the record and did not find that Walker made the required showing to receive a certificate of appealability. Therefore, the court dismissed Walker's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    9 views2 pages

    Walker v. Lee, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Keialto Maurice Walker appealed the denial of his petition for a writ of habeas corpus. A magistrate judge had denied Walker's petition. The appeals court dismissed Walker's appeal because he did not receive a certificate of appealability, which requires demonstrating that reasonable jurists would find his constitutional claims debatable. The appeals court independently reviewed the record and did not find that Walker made the required showing to receive a certificate of appealability. Therefore, the court dismissed Walker's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7397

    KEIALTO MAURICE WALKER,


    Petitioner - Appellant,
    versus
    JACK LEE, Warden, Keen Mountain Correctional
    Center,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    David G. Lowe, Magistrate
    Judge. (CA-03-341-3)

    Submitted:

    January 13, 2005

    Decided:

    January 19, 2005

    Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Keialto Maurice Walker, Appellant Pro Se.


    Virginia Bidwell
    Theisen, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Keialto Maurice Walker seeks to appeal the magistrate
    judges order denying relief on his petition filed under 28 U.S.C.
    2254 (2000).*

    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

    and

    would
    that

    this

    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).

    We have independently reviewed the

    record and conclude that Walker 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

    The parties consented to the jurisdiction of the magistrate


    judge under 28 U.S.C. 636(c) (2000).
    - 2 -

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