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  • Dennis Player v. Alvin Keller, 4th Cir. (2011)

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    1) Dennis Alexander Player, a prisoner, sought to appeal a magistrate judge's denial of his petition for habeas corpus relief. 2) The court cannot hear an appeal of such a denial unless it issues a certificate of appealability, which requires the prisoner to demonstrate the denial of a constitutional right. 3) Upon reviewing the record, the court concluded Player did not make the required showing. It therefore denied his request for a certificate, denied his motion for counsel, and dismissed the appeal.

    Original Description:

    Filed: 2011-09-29 Precedential Status: Non-Precedential Docket: 11-6530

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    1) Dennis Alexander Player, a prisoner, sought to appeal a magistrate judge's denial of his petition for habeas corpus relief. 2) The court cannot hear an appeal of such a denial unless it issues a certificate of appealability, which requires the prisoner to demonstrate the denial of a constitutional right. 3) Upon reviewing the record, the court concluded Player did not make the required showing. It therefore denied his request for a certificate, denied his motion for counsel, and dismissed the appeal.

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    Public Domain
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    8 views3 pages

    Dennis Player v. Alvin Keller, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    1) Dennis Alexander Player, a prisoner, sought to appeal a magistrate judge's denial of his petition for habeas corpus relief. 2) The court cannot hear an appeal of such a denial unless it issues a certificate of appealability, which requires the prisoner to demonstrate the denial of a constitutional right. 3) Upon reviewing the record, the court concluded Player did not make the required showing. It therefore denied his request for a certificate, denied his motion for counsel, and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-6530

    DENNIS ALEXANDER PLAYER,


    Petitioner - Appellant,
    v.
    ALVIN KELLER,
    Respondent Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham.
    L. Patrick Auld,
    Magistrate Judge. (1:10-cv-00282-LPA)

    Submitted:

    September 16, 2011

    Decided:

    September 29, 2011

    Before KING, GREGORY, and DAVIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Dennis Alexander Player,


    DelForge, III, Assistant
    Carolina, for Appellee.

    Appellant
    Attorney

    Pro Se.
    General,

    Clarence Joe
    Raleigh, North

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Dennis Alexander Player seeks to appeal the magistrate
    judges

    order

    petition.

    denying

    relief

    on

    his

    28

    U.S.C.

    (2006)

    The order is not appealable unless a circuit justice

    or judge issues a certificate of appealability.


    2253(c)(1)(A) (2006).
    issue

    2254

    absent

    A certificate of appealability will not

    substantial

    constitutional right.

    See 28 U.S.C.

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2006).

    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.
    529 U.S. at 484-85.

    Slack,

    We have independently reviewed the record

    and conclude that Player has not made the requisite showing.
    Accordingly, we deny leave to proceed in forma pauperis, deny
    the motion for a certificate of appealability, deny the motion
    for appointment of counsel, 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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