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  • Whited v. Warden, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Robert D. Whited, Jr. v. Warden, Lawrenceville Correctional Center. The court dismissed Whited's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court determined that Whited 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 court dismissed the appeal.

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    Filed: 2004-01-15 Precedential Status: Non-Precedential Docket: 03-7326

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Robert D. Whited, Jr. v. Warden, Lawrenceville Correctional Center. The court dismissed Whited's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court determined that Whited 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 court dismissed the appeal.

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    Public Domain
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    2 views2 pages

    Whited v. Warden, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Robert D. Whited, Jr. v. Warden, Lawrenceville Correctional Center. The court dismissed Whited's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court determined that Whited 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 court dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7326

    ROBERT D. WHITED, JR.,


    Petitioner - Appellant,

    versus

    WARDEN, Lawrenceville Correctional Center,


    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
    Judge. (CA-02-1141-7)

    Submitted:

    December 18, 2003

    Decided:

    January 15, 2004

    Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Marvin David Miller, Alexandria, Virginia, for Appellant. Michael


    Thomas Judge, 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:
    Robert D. Whited, Jr., a Virginia inmate, seeks to appeal
    the district courts order denying relief on his 28 U.S.C. 2254
    (2000) petition.

    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). A certificate of appealability will
    not issue with respect to claims dismissed by a district court
    solely on procedural grounds 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

    independently

    reviewed the record and conclude that Whited has not made the
    requisite showing.
    (2003).

    See Miller-El v. Cockrell, 537 U.S. 322, 336

    Accordingly, we deny a certificate of appealability and

    dismiss the appeal.


    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    DISMISSED

    - 2 -

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