Scribd Logo
Upload

Welcome to Scribd!

  • 10 views

    David Hoskins v. State of North Carolina, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    David Hoskins appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and subsequent denial of reconsideration. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Hoskins failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, as required to issue a certificate of appealability. The appeals court also denied Hoskins' motion for leave to proceed in forma pauperis and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    David Hoskins v. State of North Carolina, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    10 views3 pages
    David Hoskins appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and subsequent denial of reconsideration. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Hoskins failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, as required to issue a certificate of appealability. The appeals court also denied Hoskins' motion for leave to proceed in forma pauperis and dismissed the appeal.

    Original Description:

    Filed: 2012-06-26 Precedential Status: Non-Precedential Docket: 12-6876

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    David Hoskins appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and subsequent denial of reconsideration. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Hoskins failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, as required to issue a certificate of appealability. The appeals court also denied Hoskins' motion for leave to proceed in forma pauperis and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    10 views3 pages

    David Hoskins v. State of North Carolina, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    David Hoskins appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and subsequent denial of reconsideration. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Hoskins failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, as required to issue a certificate of appealability. The appeals court also denied Hoskins' motion for leave to proceed in forma pauperis and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-6876

    DAVID A. HOSKINS,
    Petitioner - Appellant,
    v.
    STATE OF NORTH CAROLINA,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Dever, III,
    Chief District Judge. (5:11-hc-02168-D)

    Submitted:

    June 21, 2012

    Decided:

    June 26, 2012

    Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    David A. Hoskins, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    David A. Hoskins seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2254 (2006) petition and
    a subsequent order denying reconsideration.
    appealable

    unless

    circuit

    certificate of appealability.
    A

    certificate

    of

    justice

    The orders are not

    or

    judge

    issues

    28 U.S.C. 2253(c)(1)(A) (2006).

    appealability

    will

    not

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28 U.S.C. 2253(c)(2) (2006).
    relief

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    prisoner

    reasonable

    assessment

    wrong.

    When the district court denies


    satisfies

    jurists

    would

    of

    the

    v.

    McDaniel,

    Slack

    this

    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 Hoskins has not made the requisite showing.

    Accordingly,

    we deny Hoskins motion for a certificate of appealability, deny


    leave to proceed in forma pauperis, and dismiss the appeal.
    dispense

    with

    oral

    argument

    because
    2

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

    You might also like