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  • Kirkpatrick v. Jackson, 4th Cir. (2008)

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    1) Curtis Kirkpatrick appealed the magistrate judge's orders dismissing his habeas corpus petition as untimely and denying his motion for a certificate of appealability to the Fourth Circuit Court of Appeals. 2) The Fourth Circuit independently reviewed the record and determined that Kirkpatrick did not make the requisite showing to justify issuing a certificate of appealability, as is required to appeal the dismissal of a habeas petition. 3) As a result, the Fourth Circuit dismissed Kirkpatrick's appeal.

    Original Description:

    Filed: 2008-10-03 Precedential Status: Non-Precedential Docket: 08-6967

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    1) Curtis Kirkpatrick appealed the magistrate judge's orders dismissing his habeas corpus petition as untimely and denying his motion for a certificate of appealability to the Fourth Circuit Court of Appeals. 2) The Fourth Circuit independently reviewed the record and determined that Kirkpatrick did not make the requisite showing to justify issuing a certificate of appealability, as is required to appeal the dismissal of a habeas petition. 3) As a result, the Fourth Circuit dismissed Kirkpatrick's appeal.

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    9 views2 pages

    Kirkpatrick v. Jackson, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    1) Curtis Kirkpatrick appealed the magistrate judge's orders dismissing his habeas corpus petition as untimely and denying his motion for a certificate of appealability to the Fourth Circuit Court of Appeals. 2) The Fourth Circuit independently reviewed the record and determined that Kirkpatrick did not make the requisite showing to justify issuing a certificate of appealability, as is required to appeal the dismissal of a habeas petition. 3) As a result, the Fourth Circuit dismissed Kirkpatrick's appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6967

    CURTIS KIRKPATRICK,
    Petitioner - Appellant,
    v.
    BUTCH JACKSON, Supt. of Nash Corr.,
    Respondent - Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham.
    Russell A. Eliason,
    Magistrate Judge. (1:07-cv-00918-RAE)

    Submitted:

    September 24, 2008

    Decided:

    October 3, 2008

    Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit
    Judge.

    Dismissed by unpublished per curiam opinion.

    Curtis Kirkpatrick, Appellant Pro Se. Clarence Joe DelForge, III,


    Assistant Attorney General, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Curtis

    Kirkpatrick

    seeks

    to

    appeal

    the

    magistrate

    judges* orders dismissing as untimely his 28 U.S.C. 2254 (2000)


    petition and denying his motion for a certificate of appealability.
    The orders are not appealable unless a circuit justice or judge
    issues a certificate of appealability.
    (2000).

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

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    U.S.C. 2253(c)(2) (2000).
    demonstrating

    that

    28

    A prisoner satisfies this standard by

    reasonable

    jurists

    would

    find

    that

    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 Kirkpatrick 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 proceed before the magistrate judge


    pursuant to 28 U.S.C. 636(c) (2000).
    2

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