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  • Addison v. State of SC, 4th Cir. (2004)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition filed by James Calvin Addison under 28 U.S.C. § 2254. The Fourth Circuit affirmed the district court's denial of relief and dismissal without prejudice of Addison's petition. The Fourth Circuit concluded that Addison did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that any dispositive procedural rulings by the district court were debatable or wrong. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2004-09-03 Precedential Status: Non-Precedential Docket: 04-6992

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition filed by James Calvin Addison under 28 U.S.C. § 2254. The Fourth Circuit affirmed the district court's denial of relief and dismissal without prejudice of Addison's petition. The Fourth Circuit concluded that Addison did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that any dispositive procedural rulings by the district court were debatable or wrong. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    Public Domain
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    6 views2 pages

    Addison v. State of SC, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition filed by James Calvin Addison under 28 U.S.C. § 2254. The Fourth Circuit affirmed the district court's denial of relief and dismissal without prejudice of Addison's petition. The Fourth Circuit concluded that Addison did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that any dispositive procedural rulings by the district court were debatable or wrong. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6992

    JAMES CALVIN ADDISON,


    Petitioner - Appellant,
    versus
    STATE OF SOUTH CAROLINA; HENRY MCMASTER,
    Attorney General of South Carolina,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. C. Weston Houck, Senior District
    Judge. (CA-03-2195-2-12)

    Submitted:

    August 26, 2004

    Decided:

    September 3, 2004

    Before WIDENER and SHEDD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    James Calvin Addison, Appellant Pro Se. Donald John Zelenka, Chief
    Deputy Attorney General, William Edgar Salter, III, OFFICE OF THE
    ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James Calvin Addison seeks to appeal the district courts
    order denying relief on his petition filed under 28 U.S.C. 2254
    (2000).1
    judge

    The order is not appealable unless a circuit justice or

    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(1) (2000). A certificate of appealability will not issue


    absent a substantial showing of the denial of a constitutional
    right.

    28 U.S.C. 2253(c)(2) (2000).

    A prisoner satisfies this

    standard by demonstrating that reasonable jurists would find that


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

    See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003);

    Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
    676, 683 (4th Cir. 2001).
    record

    and

    showing.

    conclude

    and

    materials

    Addison

    has

    not

    made

    the

    requisite

    Accordingly, we deny a certificate of appealability and

    dismiss the appeal.


    facts

    that

    We have independently reviewed the

    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

    We note that the district courts dismissal was without


    prejudice.
    - 2 -

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