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  • Harry Nie v. Harold Clarke, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Harry Nie's appeal. The Court of Appeals denies Nie's request for a certificate of appealability and dismisses his appeal of the district court's denial of his motions for reconsideration of the denial of his 28 U.S.C. § 2254 habeas petition, as well as the denial of his motions to transfer the case and for judicial notice. The Court of Appeals independently reviewed the record and concluded that Nie failed to make the requisite showing that reasonable jurists would find the district court's rulings debatable or wrong.

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    Filed: 2014-09-26 Precedential Status: Non-Precedential Docket: 14-6704

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Harry Nie's appeal. The Court of Appeals denies Nie's request for a certificate of appealability and dismisses his appeal of the district court's denial of his motions for reconsideration of the denial of his 28 U.S.C. § 2254 habeas petition, as well as the denial of his motions to transfer the case and for judicial notice. The Court of Appeals independently reviewed the record and concluded that Nie failed to make the requisite showing that reasonable jurists would find the district court's rulings debatable or wrong.

    Copyright:

    Public Domain
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    1 views3 pages

    Harry Nie v. Harold Clarke, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Harry Nie's appeal. The Court of Appeals denies Nie's request for a certificate of appealability and dismisses his appeal of the district court's denial of his motions for reconsideration of the denial of his 28 U.S.C. § 2254 habeas petition, as well as the denial of his motions to transfer the case and for judicial notice. The Court of Appeals independently reviewed the record and concluded that Nie failed to make the requisite showing that reasonable jurists would find the district court's rulings debatable or wrong.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6704

    HARRY NIE,
    Petitioner - Appellant,
    v.
    HAROLD
    W.
    CLARKE,
    Corrections,

    Director,

    Virginia

    Department

    of

    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk.
    Rebecca Beach Smith, Chief
    District Judge. (2:11-cv-00666-RBS-DEM)

    Submitted:

    September 23, 2014

    Before NIEMEYER and


    Senior Circuit Judge.

    GREGORY,

    Decided:

    Circuit

    September 26, 2014

    Judges,

    and

    HAMILTON,

    Dismissed by unpublished per curiam opinion.

    Harry Nie, Appellant Pro Se. Eugene Paul Murphy, OFFICE OF THE
    ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Harry Nie seeks to appeal the district courts order
    denying

    his

    motions

    seeking

    reconsideration

    of

    the

    district

    courts orders denying relief on his 28 U.S.C. 2254 (2012)


    petition.

    He also appeals from the district courts denial of

    his motions to transfer the case and to take judicial notice.


    The orders are not appealable unless a circuit justice or judge
    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(1)(A) (2012); Reid v. Angelone, 369 F.3d 363, 369 (4th


    Cir.

    2004).

    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) (2012).

    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

    debatable

    or

    assessment

    wrong.

    Slack

    of

    the

    constitutional

    v.

    McDaniel,

    529

    U.S.

    claims
    473,

    is
    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    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.

    Slack, 529 U.S.

    at 484-85.
    We have independently reviewed the record and conclude
    that Nie has not made the requisite showing.
    2

    Accordingly, we

    deny Nies motion for a certificate of appealability, deny his


    motion to take judicial notice of facts, deny leave to proceed
    in forma pauperis, and dismiss the appeal.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    We dispense with
    contentions
    this

    court

    are
    and

    argument would not aid the decisional process.


    DISMISSED

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