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  • Christian Lavandera-Hernandez v. Duane Terrell, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Christian Israel Lavandera-Hernandez's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit dismissed the appeal, finding that Lavandera-Hernandez failed to make a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Specifically, the court concluded that Lavandera-Hernandez did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims to be debatable or wrong.

    Original Description:

    Filed: 2013-09-04 Precedential Status: Non-Precedential Docket: 13-6652

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Christian Israel Lavandera-Hernandez's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit dismissed the appeal, finding that Lavandera-Hernandez failed to make a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Specifically, the court concluded that Lavandera-Hernandez did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims to be debatable or wrong.

    Copyright:

    Public Domain
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    4 views3 pages

    Christian Lavandera-Hernandez v. Duane Terrell, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Christian Israel Lavandera-Hernandez's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit dismissed the appeal, finding that Lavandera-Hernandez failed to make a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Specifically, the court concluded that Lavandera-Hernandez did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims to be debatable or wrong.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6652

    CHRISTIAN ISRAEL LAVANDERA-HERNANDEZ,


    Petitioner Appellant,
    v.
    DUANE TERRELL, Superintendent; ROBERT C. LEWIS, Director of
    Prisons; THEODIS BECK, Secretary,
    Respondents - Appellees.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. Thomas D. Schroeder,
    District Judge. (1:12-cv-00553-TDS-LPA)

    Submitted:

    August 29, 2013

    Decided:

    September 4, 2013

    Before DUNCAN, AGEE, and KEENAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Christian Israel Lavandera-Hernandez, Appellant Pro Se. Clarence


    Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE,
    Raleigh, North Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Christian Israel Lavandera-Hernandez seeks to appeal
    the

    district

    courts

    order

    2254 (2006) petition.

    denying

    relief

    on

    his

    28

    U.S.C.

    The order is not appealable unless a

    circuit justice or judge issues a certificate of appealability.


    28

    U.S.C.

    2253(c)(1)(A)

    (2006).

    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.

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

    We have independently reviewed the record and conclude


    that

    Lavandera-Hernandez

    has

    not

    made

    the

    requisite

    showing.

    Accordingly, we deny a certificate of appealability, deny leave


    to

    proceed

    dispense

    in

    with

    forma

    pauperis,

    oral

    argument

    and

    dismiss

    because

    the

    the

    appeal.

    facts

    and

    We
    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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