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    Hines v. Jackson, 4th Cir. (2010)

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    Jerry Hines appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals independently reviewed the record and concluded that Hines did not make the requisite showing to warrant a certificate of appealability. Specifically, Hines did not demonstrate that reasonable jurists would find the district court's assessment of Hines' constitutional claims to be debatable or wrong. As such, the Fourth Circuit denied Hines a certificate of appealability and dismissed his appeal. The court dispensed with oral argument, finding the facts and legal contentions were adequately presented.

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    Hines v. Jackson, 4th Cir. (2010)

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    Jerry Hines appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals independently reviewed the record and concluded that Hines did not make the requisite showing to warrant a certificate of appealability. Specifically, Hines did not demonstrate that reasonable jurists would find the district court's assessment of Hines' constitutional claims to be debatable or wrong. As such, the Fourth Circuit denied Hines a certificate of appealability and dismissed his appeal. The court dispensed with oral argument, finding the facts and legal contentions were adequately presented.

    Original Description:

    Filed: 2010-02-25 Precedential Status: Non-Precedential Docket: 09-7256

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    Jerry Hines appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals independently reviewed the record and concluded that Hines did not make the requisite showing to warrant a certificate of appealability. Specifically, Hines did not demonstrate that reasonable jurists would find the district court's assessment of Hines' constitutional claims to be debatable or wrong. As such, the Fourth Circuit denied Hines a certificate of appealability and dismissed his appeal. The court dispensed with oral argument, finding the facts and legal contentions were adequately presented.

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    Hines v. Jackson, 4th Cir. (2010)

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    Jerry Hines appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals independently reviewed the record and concluded that Hines did not make the requisite showing to warrant a certificate of appealability. Specifically, Hines did not demonstrate that reasonable jurists would find the district court's assessment of Hines' constitutional claims to be debatable or wrong. As such, the Fourth Circuit denied Hines a certificate of appealability and dismissed his appeal. The court dispensed with oral argument, finding the facts and legal contentions were adequately presented.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-7256

    JERRY HINES,
    Petitioner Appellant,
    v.
    BUTCH JACKSON, Superintendent,
    Respondent Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville.
    Graham C. Mullen,
    Senior District Judge. (1:07-cv-00357-GCM)

    Submitted:

    February 9, 2010

    Decided:

    February 25, 2010

    Before MOTZ, KING, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jerry Hines, 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:
    Jerry Hines seeks to appeal the district courts order
    denying relief on his 28 U.S.C. 2254 (2006) petition.

    The

    order is not appealable unless a circuit justice or judge issues


    a

    certificate

    (2006).

    of

    appealability.

    See

    28

    U.S.C.

    2253(c)(1)

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


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

    that

    A prisoner satisfies this standard by

    reasonable

    jurists

    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

    Cockrell,

    court

    537

    is

    U.S.

    likewise

    322,

    debatable.

    336-38

    (2003);

    See
    Slack

    Miller-El
    v.

    v.

    McDaniel,

    529 U.S. 473, 484-85 (2000); Rose v. Lee, 252 F.3d 676, 683-84
    (4th Cir. 2001).
    conclude

    that

    We have independently reviewed the record and


    Hines

    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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