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    Harris v. Bassett, 4th Cir. (2005)

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    James Lee Harris appealed the district court's dismissal of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, as Harris did not obtain a certificate of appealability, which is required to appeal the dismissal of a § 2254 petition. To obtain a certificate, Harris needed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. However, the Fourth Circuit independently reviewed the record and determined that Harris did not make the requisite showing. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    Harris v. Bassett, 4th Cir. (2005)

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    James Lee Harris appealed the district court's dismissal of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, as Harris did not obtain a certificate of appealability, which is required to appeal the dismissal of a § 2254 petition. To obtain a certificate, Harris needed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. However, the Fourth Circuit independently reviewed the record and determined that Harris did not make the requisite showing. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2005-06-29 Precedential Status: Non-Precedential Docket: 05-6050

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    James Lee Harris appealed the district court's dismissal of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, as Harris did not obtain a certificate of appealability, which is required to appeal the dismissal of a § 2254 petition. To obtain a certificate, Harris needed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. However, the Fourth Circuit independently reviewed the record and determined that Harris did not make the requisite showing. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    Harris v. Bassett, 4th Cir. (2005)

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    James Lee Harris appealed the district court's dismissal of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, as Harris did not obtain a certificate of appealability, which is required to appeal the dismissal of a § 2254 petition. To obtain a certificate, Harris needed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. However, the Fourth Circuit independently reviewed the record and determined that Harris did not make the requisite showing. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6050

    JAMES LEE HARRIS,


    Petitioner - Appellant,
    versus
    K. J. BASSETT, Warden, Keen Mountain
    Correctional Center,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    David G. Lowe, Magistrate
    Judge. (CA-04-5)

    Submitted:

    June 23, 2005

    Decided:

    June 29, 2005

    Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James Lee Harris, Appellant Pro Se. Amy L. Marshall, OFFICE OF THE
    ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James Lee Harris seeks to appeal the district courts
    order dismissing his petition under 28 U.S.C. 2254 (2000).

    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)

    (2000).

    prisoner

    satisfies

    this

    28 U.S.C.
    standard

    by

    demonstrating that reasonable jurists would find that the district


    courts assessment of his constitutional claims is debatable or
    wrong and that any dispositive procedural rulings by the district
    court are also debatable or wrong.

    See Miller-El v. Cockrell, 537

    U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
    Rose

    v.

    Lee,

    252

    F.3d

    676,

    683

    (4th

    Cir.

    2001).

    We

    have

    independently reviewed the record and conclude that Harris has not
    made the requisite showing.

    Accordingly, we deny 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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