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    United States v. Davis, 4th Cir. (2005)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Daniel Profit Davis's appeal of a district court order denying his motion to appeal in forma pauperis. The order finds that Davis did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the court dismisses the appeal and also denies Davis's motions to proceed in forma pauperis and for appointment of counsel.

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    United States v. Davis, 4th Cir. (2005)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Daniel Profit Davis's appeal of a district court order denying his motion to appeal in forma pauperis. The order finds that Davis did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the court dismisses the appeal and also denies Davis's motions to proceed in forma pauperis and for appointment of counsel.

    Original Description:

    Filed: 2005-08-25 Precedential Status: Non-Precedential Docket: 05-6644

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Daniel Profit Davis's appeal of a district court order denying his motion to appeal in forma pauperis. The order finds that Davis did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the court dismisses the appeal and also denies Davis's motions to proceed in forma pauperis and for appointment of counsel.

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    2 views2 pages

    United States v. Davis, 4th Cir. (2005)

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    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Daniel Profit Davis's appeal of a district court order denying his motion to appeal in forma pauperis. The order finds that Davis did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the court dismisses the appeal and also denies Davis's motions to proceed in forma pauperis and for appointment of counsel.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6644

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DANIEL PROFIT DAVIS, a/k/a
    Davis, a/k/a Proffit Davis,

    Daniel

    Prophet
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. James A. Beaty, Jr.,
    District Judge. (CR-01-444; CA-04-266-1)

    Submitted:

    August 3, 2005

    Decided:

    August 25, 2005

    Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Daniel Profit Davis, Appellant Pro Se. Robert Albert Jamison Lang,
    OFFICE OF THE UNITED STATES ATTORNEY, Winston-Salem, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Daniel Profit Davis appeals the district courts order
    denying his motion for leave to appeal in forma pauperis.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating
    constitutional

    (2000).
    that

    prisoner

    reasonable

    claims

    are

    satisfies

    jurists

    debatable

    and

    would
    that

    this

    28 U.S.C.
    standard

    find
    any

    that

    by
    his

    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).

    We have independently reviewed the

    record and conclude Davis has not made the requisite showing.
    Accordingly, we deny a certificate of appealability and dismiss the
    appeal.

    We also deny Davis motions to proceed in forma pauperis

    and for appointment of counsel.

    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

    - 2 -

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