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    Byrd v. Director Jon Ozmint, 4th Cir. (2009)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Calvin Jerome Byrd's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court of appeals found that Byrd did not make the requisite showing to warrant issuing a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Byrd's appeal.

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    Byrd v. Director Jon Ozmint, 4th Cir. (2009)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Calvin Jerome Byrd's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court of appeals found that Byrd did not make the requisite showing to warrant issuing a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Byrd's appeal.

    Original Description:

    Filed: 2009-04-03 Precedential Status: Non-Precedential Docket: 08-8079

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Calvin Jerome Byrd's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court of appeals found that Byrd did not make the requisite showing to warrant issuing a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Byrd's appeal.

    Copyright:

    Public Domain
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    1 views2 pages

    Byrd v. Director Jon Ozmint, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Calvin Jerome Byrd's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court of appeals found that Byrd did not make the requisite showing to warrant issuing a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Byrd's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-8079

    CALVIN JEROME BYRD,


    Petitioner - Appellant,
    v.
    DIRECTOR JON OZMINT; ROBERT M. STEVENSON, III, Warden of
    Broad River Correctional Institution,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.
    Patrick Michael Duffy, District
    Judge. (3:07-cv-02951-PMD)

    Submitted:

    March 23, 2009

    Decided:

    April 3, 2009

    Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Calvin Jerome Byrd, Appellant Pro Se.


    Assistant Attorney General, Columbia,
    Appellees.

    Melody Jane Brown,


    South Carolina, for

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Calvin
    courts
    judge

    order
    and

    petition.
    or

    judge

    Jerome

    accepting

    denying

    issues

    constitutional

    reasonable

    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

    absent

    prisoner

    the

    relief

    certificate

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

    Byrd

    substantial

    satisfies

    constitutional

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    right.

    jurists

    of

    28

    this

    by

    U.S.C.

    find
    the

    of

    the

    2253(c)(2)

    standard

    would

    claims

    showing

    that

    by

    of

    (2006).

    demonstrating

    any

    district

    denial

    assessment

    court

    is

    a
    A

    that

    of

    debatable

    the
    or

    wrong and that any dispositive procedural ruling by the district


    Miller-El v. Cockrell, 537 U.S.

    court is likewise debatable.

    322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
    Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

    We have

    independently reviewed the record and conclude that Byrd 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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