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  • Derrick Bailey v. Larry Dail, 4th Cir. (2015)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Derrick Bailey's appeal of the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court dismissed the petition as untimely. The Fourth Circuit denies Bailey's request for a certificate of appealability, finding that he failed to make a substantial showing that he was denied a constitutional right. As such, the Fourth Circuit dismisses Bailey's appeal.

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    Filed: 2015-11-24 Precedential Status: Non-Precedential Docket: 15-7335

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Derrick Bailey's appeal of the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court dismissed the petition as untimely. The Fourth Circuit denies Bailey's request for a certificate of appealability, finding that he failed to make a substantial showing that he was denied a constitutional right. As such, the Fourth Circuit dismisses Bailey's appeal.

    Copyright:

    Public Domain
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    4 views3 pages

    Derrick Bailey v. Larry Dail, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Derrick Bailey's appeal of the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court dismissed the petition as untimely. The Fourth Circuit denies Bailey's request for a certificate of appealability, finding that he failed to make a substantial showing that he was denied a constitutional right. As such, the Fourth Circuit dismisses Bailey's appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-7335

    DERRICK T. BAILEY,
    Petitioner - Appellant,
    v.
    LARRY DAIL,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Fox, Senior
    District Judge. (5:14-hc-02048-F)

    Submitted:

    November 19, 2015

    Decided:

    November 24, 2015

    Before NIEMEYER, KING, and HARRIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Derrick T. Bailey, Appellant Pro Se.


    Jess D. Mekeel, NORTH
    CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Derrick
    order

    Bailey

    dismissing

    petition.
    or

    T.

    judge

    as

    to

    untimely

    appeal

    his

    28

    the

    district

    U.S.C.

    courts

    2254

    (2012)

    The order is not appealable unless a circuit justice


    issues

    certificate

    2253(c)(1)(A) (2012).
    issue

    seeks

    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) (2012).

    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
    Bailey 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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