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    Cruz v. Johnson, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit denied Edwin Cruz's request for a certificate of appealability to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court independently reviewed the record and determined that Cruz did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court therefore dismissed Cruz's appeal.

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    Cruz v. Johnson, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit denied Edwin Cruz's request for a certificate of appealability to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court independently reviewed the record and determined that Cruz did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court therefore dismissed Cruz's appeal.

    Original Description:

    Filed: 2007-12-21 Precedential Status: Non-Precedential Docket: 07-7357

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    The United States Court of Appeals for the Fourth Circuit denied Edwin Cruz's request for a certificate of appealability to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court independently reviewed the record and determined that Cruz did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court therefore dismissed Cruz's appeal.

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    Cruz v. Johnson, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit denied Edwin Cruz's request for a certificate of appealability to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court independently reviewed the record and determined that Cruz did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court therefore dismissed Cruz's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7357

    EDWIN CRUZ,
    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, Senior District
    Judge. (7:07-cv-00185-jet)

    Submitted:

    December 13, 2007

    Decided:

    December 21, 2007

    Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Edwin Cruz, Appellant Pro Se. William W. Muse, Assistant Attorney


    General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Edwin Cruz seeks to appeal the district courts order
    denying relief on his 28 U.S.C. 2254 (2000) petition.

    The order

    is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

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

    A certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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.

    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, 683-84 (4th Cir. 2001).
    We have independently reviewed the record and conclude that Cruz
    has not made the requisite showing.

    Accordingly, we deny a

    certificate of appealability, deny Cruzs motion for appointment of


    counsel, 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

    - 2 -

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