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    The United States Court of Appeals for the Fourth Circuit dismissed H. Dewain Herring's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court concluded that Herring did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and determined that Herring failed to demonstrate that the district court's procedural ruling denying his petition was debatable or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability and dismissed

    Original Description:

    Filed: 2012-08-21 Precedential Status: Non-Precedential Docket: 12-6725

    Original Title

    H. Herring v. Robert Stevenson, III, 4th Cir. (2012)

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    The United States Court of Appeals for the Fourth Circuit dismissed H. Dewain Herring's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court concluded that Herring did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and determined that Herring failed to demonstrate that the district court's procedural ruling denying his petition was debatable or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability and dismissed

    Copyright:

    Public Domain
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    8 views4 pages

    Unpublished

    Uploaded by

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    The United States Court of Appeals for the Fourth Circuit dismissed H. Dewain Herring's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court concluded that Herring did not make the requisite showing to obtain a certificate of appealability, which requires demonstrating that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and determined that Herring failed to demonstrate that the district court's procedural ruling denying his petition was debatable or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability and dismissed

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-6725

    H. DEWAIN HERRING,
    Petitioner - Appellant,
    v.
    ROBERT M. STEVENSON, III, Warden Broad River Correctional
    Institute,
    Respondent - Appellee,
    and
    WILLIAM
    R.
    Corrections,

    BYARS,

    JR.,

    Director

    SC

    Department

    of

    Respondent.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill.
    Margaret B. Seymour, Chief
    District Judge. (0:11-cv-00160-MBS)

    Submitted:

    August 16, 2012

    Decided:

    August 21, 2012

    Before KING and THACKER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    James Mixon Griffin, LEWIS, BABCOCK & GRIFFIN, LLP, Columbia,


    South Carolina, for Appellant.
    Donald John Zelenka, Deputy
    Assistant Attorney General, Columbia, South Carolina, for

    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    H. Dewain Herring seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his 28 U.S.C. 2254 (2006) petition.

    The

    order is not appealable unless a circuit justice or judge issues


    a

    certificate

    (2006).

    of

    appealability.

    28

    U.S.C.

    2253(c)(1)(A)

    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) (2006).
    relief

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    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 Herring 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

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