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  • Williams v. Dail, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Rudolph Jerome Williams. The Court of Appeals denied Williams' request for a certificate of appealability to appeal the district court's denial of his Rule 60(b) motion for reconsideration of the denial of his 28 U.S.C. §2254 habeas corpus petition. The Court of Appeals independently reviewed the record and determined that Williams did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the Court dismissed the appeal.

    Original Description:

    Filed: 2009-06-26 Precedential Status: Non-Precedential Docket: 08-7690

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Rudolph Jerome Williams. The Court of Appeals denied Williams' request for a certificate of appealability to appeal the district court's denial of his Rule 60(b) motion for reconsideration of the denial of his 28 U.S.C. §2254 habeas corpus petition. The Court of Appeals independently reviewed the record and determined that Williams did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the Court dismissed the appeal.

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    Public Domain
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    10 views2 pages

    Williams v. Dail, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Rudolph Jerome Williams. The Court of Appeals denied Williams' request for a certificate of appealability to appeal the district court's denial of his Rule 60(b) motion for reconsideration of the denial of his 28 U.S.C. §2254 habeas corpus petition. The Court of Appeals independently reviewed the record and determined that Williams did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the Court dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-7690

    RUDOLPH JEROME WILLIAMS,


    Petitioner - Appellant,
    v.
    LARRY DAIL,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Louise W. Flanagan,
    Chief District Judge. (5:07-hc-02142-FL)

    Submitted:

    June 22, 2009

    Decided:

    June 26, 2009

    Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Rudolph Jerome Williams, Appellant Pro Se. Mary Carla Hollis,


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

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Rudolph Jerome Williams seeks to appeal the district
    courts

    order

    denying

    his

    Fed.

    R.

    Civ.

    P.

    60(b)

    motion

    for

    reconsideration of the district courts order denying relief on


    his

    28

    U.S.C.

    appealable

    2254

    unless

    (2006)

    petition.

    circuit

    justice

    certificate of appealability.
    Reid

    v.

    369

    Angelone,

    A certificate

    of

    The
    or

    order

    judge

    is

    not

    issues

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

    F.3d

    363,

    appealability

    369

    will

    (4th

    not

    Cir.

    issue

    2004).

    absent

    substantial showing of the denial of a constitutional right.


    28

    U.S.C.

    standard

    2253(c)(2)

    by

    (2006).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    this

    would

    find

    that any assessment of the constitutional claims by the district


    court is debatable or wrong and that any dispositive procedural
    ruling

    by

    the

    district

    court

    is

    likewise

    debatable.

    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,
    683-84

    (4th

    Cir.

    2001).

    We

    have

    independently

    reviewed

    the

    record and conclude that Williams has not made the requisite
    showing.

    Accordingly,

    certificate

    of

    dispense

    with

    we

    appealability
    oral

    argument

    deny
    and

    Williams
    dismiss

    because

    the

    the

    motion

    for

    appeal.

    facts

    and

    a
    We

    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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