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  • Vannatter v. Bazzle, 4th Cir. (2008)

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    Gary Vannatter, Sr. filed a petition for a writ of habeas corpus which was denied by the district court. Vannatter appealed the denial to the Fourth Circuit Court of Appeals. The Fourth Circuit dismissed the appeal, finding that Vannatter did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a habeas petition. Specifically, Vannatter did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings by the district court were debatable.

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    Filed: 2008-08-08 Precedential Status: Non-Precedential Docket: 08-6422

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    Gary Vannatter, Sr. filed a petition for a writ of habeas corpus which was denied by the district court. Vannatter appealed the denial to the Fourth Circuit Court of Appeals. The Fourth Circuit dismissed the appeal, finding that Vannatter did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a habeas petition. Specifically, Vannatter did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings by the district court were debatable.

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    Vannatter v. Bazzle, 4th Cir. (2008)

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    Scribd Government Docs
    Gary Vannatter, Sr. filed a petition for a writ of habeas corpus which was denied by the district court. Vannatter appealed the denial to the Fourth Circuit Court of Appeals. The Fourth Circuit dismissed the appeal, finding that Vannatter did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a habeas petition. Specifically, Vannatter did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings by the district court were debatable.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6422

    GARY VANNATTER, SR.,


    Petitioner - Appellant,
    v.
    WARDEN E. RICHARD BAZZLE,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville.
    Joseph F. Anderson, Jr., Chief
    District Judge. (6:07-cv-01267-JFA)

    Submitted:

    July 31, 2008

    Decided:

    August 8, 2008

    Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Gary Vannatter, Sr., Appellant Pro Se. Donald John Zelenka, Deputy
    Assistant Attorney General, Columbia, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Gary Vannatter, Sr., seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his 28 U.S.C. 2254 (2000) petition.

    The order

    is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    any

    assessment of the constitutional claims by the district court is


    debatable or wrong and that any dispositive procedural ruling by
    the district court is likewise debatable.

    Miller-El v. Cockrell,

    537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484
    (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

    We have

    independently reviewed the record and conclude that Vannatter has


    not made the requisite showing.

    Accordingly, we deny Vannatters

    motion for 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

    - 2 -

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