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  • Robert Taylor v. Bernard McKie, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Robert Taylor's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court determined that Taylor did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, the court found that Taylor failed to demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2015-03-30 Precedential Status: Non-Precedential Docket: 14-7198

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    The United States Court of Appeals for the Fourth Circuit dismissed Robert Taylor's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court determined that Taylor did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, the court found that Taylor failed to demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Copyright:

    Public Domain
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    1 views3 pages

    Robert Taylor v. Bernard McKie, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Robert Taylor's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court determined that Taylor did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, the court found that Taylor failed to demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7198

    ROBERT TROY TAYLOR,


    Petitioner - Appellant,
    v.
    BERNARD MCKIE,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Orangeburg.
    Richard Mark Gergel, District
    Judge. (5:13-cv-02239-RMG)

    Submitted:

    January 29, 2015

    Decided:

    March 30, 2015

    Before WYNN and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
    Judge.

    Dismissed by unpublished per curiam opinion.

    Robert Troy Taylor, Appellant Pro Se.


    Donald John Zelenka,
    Senior
    Assistant
    Attorney
    General,
    Alphonso
    Simon,
    Jr.,
    Assistant Attorney General, Columbia, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert
    courts

    order

    Troy

    Taylor

    accepting

    in

    seeks
    part

    to

    the

    appeal

    the

    district

    recommendation

    of

    the

    magistrate judge and denying relief on his 28 U.S.C. 2254


    (2012) petition.

    The order is not appealable unless a circuit

    justice

    issues

    or

    judge

    certificate

    U.S.C. 2253(c)(1)(A) (2012).

    of

    appealability.

    28

    A certificate of appealability

    will not issue absent a substantial showing of the denial of a


    constitutional right.

    28 U.S.C. 2253(c)(2) (2012).

    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 Taylor 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


    2

    presented in the materials before this court and argument would


    not aid the decisional process.
    DISMISSED

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