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    Wheeler v. Keller, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit dismissed Tony Wheeler's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Wheeler did not make a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Specifically, the court determined that reasonable jurists would not debate the district court's assessment that Wheeler's constitutional claims lacked merit. Therefore, the court denied Wheeler a certificate of appealability and dismissed his appeal.

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    Wheeler v. Keller, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit dismissed Tony Wheeler's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Wheeler did not make a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Specifically, the court determined that reasonable jurists would not debate the district court's assessment that Wheeler's constitutional claims lacked merit. Therefore, the court denied Wheeler a certificate of appealability and dismissed his appeal.

    Original Description:

    Filed: 2011-04-05 Precedential Status: Non-Precedential Docket: 10-7344

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    The United States Court of Appeals for the Fourth Circuit dismissed Tony Wheeler's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Wheeler did not make a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Specifically, the court determined that reasonable jurists would not debate the district court's assessment that Wheeler's constitutional claims lacked merit. Therefore, the court denied Wheeler a certificate of appealability and dismissed his appeal.

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    Public Domain
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    Download as pdf
    1 views3 pages

    Wheeler v. Keller, 4th Cir. (2011)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Tony Wheeler's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Wheeler did not make a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Specifically, the court determined that reasonable jurists would not debate the district court's assessment that Wheeler's constitutional claims lacked merit. Therefore, the court denied Wheeler a certificate of appealability and dismissed his appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-7344

    TONY ZAQUECE WHEELER,


    Petitioner Appellant,
    v.
    ALVIN WILLIAM KELLER, JR.,
    Respondent - Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    William L. Osteen,
    Jr., District Judge. (1:09-cv-00585-WO-PTS)

    Submitted:

    March 31, 2011

    Decided:

    April 5, 2011

    Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Tony Zaquece Wheeler, Appellant Pro Se. Clarence Joe DelForge,


    III, Assistant Attorney General, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Tony
    courts
    judge

    order
    and

    judge

    the

    relief

    seeks

    to

    appeal

    recommendation

    on

    his

    28

    of

    U.S.C.

    the
    the

    district

    magistrate

    2254

    (2006)

    The order is not appealable unless a circuit justice


    issues

    certificate

    2253(c)(1) (2006).
    issue

    Wheeler

    accepting

    denying

    petition.
    or

    Zaquece

    absent

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    of

    showing

    of

    the

    denial

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

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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.
    529 U.S. at 484-85.

    Slack,

    We have independently reviewed the record

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

    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

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