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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition filed by Francis Hempston McFadden under 28 U.S.C. § 2241. The district court denied relief on McFadden's petition. The Fourth Circuit dismissed the appeal, finding that McFadden failed to make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the Fourth Circuit found that McFadden did not demonstrate that the district court's procedural ruling was debatable or that his petition stated a debatable claim of the denial of a constitutional right.

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    Filed: 2010-12-28 Precedential Status: Non-Precedential Docket: 10-7011

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition filed by Francis Hempston McFadden under 28 U.S.C. § 2241. The district court denied relief on McFadden's petition. The Fourth Circuit dismissed the appeal, finding that McFadden failed to make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the Fourth Circuit found that McFadden did not demonstrate that the district court's procedural ruling was debatable or that his petition stated a debatable claim of the denial of a constitutional right.

    Copyright:

    Public Domain
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    1 views3 pages

    McFadden v. Snyder, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition filed by Francis Hempston McFadden under 28 U.S.C. § 2241. The district court denied relief on McFadden's petition. The Fourth Circuit dismissed the appeal, finding that McFadden failed to make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the Fourth Circuit found that McFadden did not demonstrate that the district court's procedural ruling was debatable or that his petition stated a debatable claim of the denial of a constitutional right.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-7011

    FRANCIS HEMPSTON MCFADDEN,


    Petitioner - Appellant,
    v.
    GEORGE SNYDER, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Dever III,
    District Judge. (5:09-hc-02004-D)

    Submitted:

    December 16, 2010

    Decided:

    December 28, 2010

    Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Francis Hempston McFadden, Appellant Pro Se. William E.H.


    Creech, Joshua Bryan Royster, OFFICE OF THE UNITED STATES
    ATTORNEY, Raleigh, North Carolina; Christina Ann Kelley, BUREAU
    OF PRISONS, Butner, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Francis

    Hempston

    McFadden,

    District

    of

    Columbia

    prisoner housed in North Carolina, seeks to appeal the district


    courts order denying relief on his 28 U.S.C.A. 2241 (West
    2006 & Supp. 2010) petition.
    a

    circuit

    justice

    appealability.

    or

    The order is not appealable unless


    judge

    issues

    certificate

    28 U.S.C. 2253(c)(1) (2006).

    of

    A certificate of

    appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2006).

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

    When the district court denies relief on the merits, a

    prisoner

    satisfies

    this

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    courts

    assessment of the constitutional claims is debatable or wrong.


    Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
    Cockrell, 537 U.S. 322, 336-38 (2003).
    denies

    relief

    demonstrate

    on

    both

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    must

    ruling

    is

    debatable, and that the petition states a debatable claim of the


    denial of a constitutional right.
    We

    have

    independently

    reviewed

    the

    Slack, 529 U.S. at 484-85.


    record

    and

    McFadden has not made the requisite showing.

    conclude

    that

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

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