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  • Marty Williams v. Harold Clarke, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit dismissed Marty Williams' appeal of the district court's order dismissing his 28 U.S.C. § 2254 habeas corpus petition for failure to pay the filing fee or demonstrate an inability to pay. The appeals court issued a per curiam opinion stating that the district court's order was not appealable without a certificate of appealability, which requires a substantial showing of the denial of a constitutional right. Upon independent review, the appeals court concluded that Williams did not make the requisite showing and denied a certificate of appealability, leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2014-09-03 Precedential Status: Non-Precedential Docket: 14-6709

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    The United States Court of Appeals for the Fourth Circuit dismissed Marty Williams' appeal of the district court's order dismissing his 28 U.S.C. § 2254 habeas corpus petition for failure to pay the filing fee or demonstrate an inability to pay. The appeals court issued a per curiam opinion stating that the district court's order was not appealable without a certificate of appealability, which requires a substantial showing of the denial of a constitutional right. Upon independent review, the appeals court concluded that Williams did not make the requisite showing and denied a certificate of appealability, leave to proceed in forma pauperis, and dismissed the appeal.

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    0 views3 pages

    Marty Williams v. Harold Clarke, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Marty Williams' appeal of the district court's order dismissing his 28 U.S.C. § 2254 habeas corpus petition for failure to pay the filing fee or demonstrate an inability to pay. The appeals court issued a per curiam opinion stating that the district court's order was not appealable without a certificate of appealability, which requires a substantial showing of the denial of a constitutional right. Upon independent review, the appeals court concluded that Williams did not make the requisite showing and denied a certificate of appealability, leave to proceed in forma pauperis, and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6709

    MARTY WILLIAMS,
    Petitioner - Appellant,
    v.
    HAROLD W. CLARKE,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (2:13-cv-00598-RAJ-DEM)

    Submitted:

    August 28, 2014

    Decided:

    September 3, 2014

    Before WILKINSON, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Marty Williams, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Marty Williams seeks to appeal the district courts
    order dismissing without prejudice his 28 U.S.C. 2254 (2012)
    petition for failure to comply with a court order to pay the
    filing fee or demonstrate that he could not do so.
    not

    appealable

    unless

    circuit

    certificate of appealability.
    A

    certificate

    of

    justice

    or

    The order is

    judge

    issues

    28 U.S.C. 2253(c)(1)(A) (2012).

    appealability

    will

    not

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28 U.S.C. 2253(c)(2) (2012).
    relief

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    prisoner

    reasonable

    assessment

    wrong.

    When the district court denies

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    When the district court denies relief on procedural grounds, the
    prisoner must demonstrate both that the dispositive procedural
    ruling is debatable, and that the petition states a debatable
    claim of the denial of a constitutional right.

    Slack, 529 U.S.

    at 484-85.
    We have independently reviewed the record and conclude
    that Williams has not made the requisite showing.

    Accordingly,

    we deny a certificate of appealability, deny leave to proceed in


    forma pauperis, and dismiss the appeal.
    2

    We dispense with oral

    argument because the facts and legal contentions are adequately


    presented in the materials before this court and argument would
    not aid the decisional process.
    DISMISSED

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