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  • Lima v. Commonwealth of VA, 4th Cir. (2002)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jose A. Lima, a state prisoner, of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. §2254. The appeals court found that Lima did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Therefore, the appeals court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2002-11-15 Precedential Status: Non-Precedential Docket: 02-7368

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jose A. Lima, a state prisoner, of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. §2254. The appeals court found that Lima did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Therefore, the appeals court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    35 views3 pages

    Lima v. Commonwealth of VA, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jose A. Lima, a state prisoner, of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. §2254. The appeals court found that Lima did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Therefore, the appeals court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7368

    JOSE A. LIMA,
    Petitioner - Appellant,
    versus
    COMMONWEALTH OF VIRGINIA,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Claude M. Hilton, Chief
    District Judge. (CA-02-392-AM)

    Submitted:

    November 7, 2002

    Decided:

    November 15, 2002

    Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Jose A. Lima, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jose A. Lima, a state prisoner, seeks to appeal the district
    courts order denying relief on his petition filed under 28 U.S.C.
    2254 (2000).

    An appeal may not be taken to this court from the

    final order in a habeas corpus proceeding in which the detention


    complained of arises out of process issued by a state court unless
    a circuit justice or judge issues a certificate of appealability.
    28 U.S.C. 2253(c)(1) (2000).
    dismisses

    2254

    petition

    When, as here, a district court


    solely

    on

    procedural

    grounds,

    certificate of appealability will not issue unless the petitioner


    can demonstrate both (1) that jurists of reason would find it
    debatable whether the petition states a valid claim of the denial
    of a constitutional right and (2) that jurists of reason would
    find it debatable whether the district court was correct in its
    procedural ruling.

    Rose v. Lee, 252 F. 3d 676, 684 (4th Cir.

    2001) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)).

    We

    have reviewed the record and conclude for the reasons stated by the
    district court that Lima has not made the requisite showing.

    See

    Lima v. Virginia, No. CA-02-392-AM (E.D. Va. filed July 29, 2002;
    entered July 30, 2002).

    Accordingly, we deny a certificate of

    appealability, deny leave to proceed in forma pauperis, 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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