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  • LaJoel Rouse v. Eric Wilson, 4th Cir. (2014)

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    1) LaJoel Theodore Rouse appealed the district court's denial of his 28 U.S.C. § 2241 petition, which the district court construed as a second or successive 28 U.S.C. § 2255 motion and dismissed for lack of jurisdiction. 2) The appellate court must issue a certificate of appealability for the district court's order to be appealable, which requires a substantial showing that a constitutional right was denied. 3) The appellate court independently reviewed the record and concluded that Rouse did not make the requisite showing to obtain a certificate of appealability, so it denied the certificate, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2014-09-30 Precedential Status: Non-Precedential Docket: 14-6715

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    1) LaJoel Theodore Rouse appealed the district court's denial of his 28 U.S.C. § 2241 petition, which the district court construed as a second or successive 28 U.S.C. § 2255 motion and dismissed for lack of jurisdiction. 2) The appellate court must issue a certificate of appealability for the district court's order to be appealable, which requires a substantial showing that a constitutional right was denied. 3) The appellate court independently reviewed the record and concluded that Rouse did not make the requisite showing to obtain a certificate of appealability, so it denied the certificate, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    15 views3 pages

    LaJoel Rouse v. Eric Wilson, 4th Cir. (2014)

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    Scribd Government Docs
    1) LaJoel Theodore Rouse appealed the district court's denial of his 28 U.S.C. § 2241 petition, which the district court construed as a second or successive 28 U.S.C. § 2255 motion and dismissed for lack of jurisdiction. 2) The appellate court must issue a certificate of appealability for the district court's order to be appealable, which requires a substantial showing that a constitutional right was denied. 3) The appellate court independently reviewed the record and concluded that Rouse did not make the requisite showing to obtain a certificate of appealability, so it denied the certificate, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6715

    LAJOEL THEODORE ROUSE,


    Petitioner - Appellant,
    v.
    ERIC D. WILSON,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Gerald Bruce Lee, District
    Judge. (1:13-cv-00748-GBL-TRJ)

    Submitted:

    September 23, 2014

    Decided:

    September 30, 2014

    Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    LaJoel T. Rouse, Appellant Pro Se. Ayana Niambi Free, Assistant


    United States Attorney, Alexandria, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    LaJoel
    courts

    order

    Theodore

    denying

    Rouse

    relief

    seeks

    on

    to

    his

    28

    appeal
    U.S.C.

    the

    district

    2241

    (2012)

    petition, * construing the petition as a second or successive 28


    U.S.C. 2255 (2012) motion, and dismissing the motion for lack
    of jurisdiction.
    unless

    circuit

    appealability.

    The district courts order is not appealable


    justice

    or

    judge

    issues

    28 U.S.C. 2253(c)(1)(B) (2012).

    certificate

    of

    A certificate

    of appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2012).

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

    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

    constitutional

    right.

    Slack v. McDaniel, 529 U.S. 473, 484-85 (2000).


    We have independently reviewed the record and conclude
    that Rouse has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability, deny leave to proceed in


    forma pauperis, and dismiss the appeal.

    We dispense with oral

    argument because the facts and legal contentions are adequately

    The district court properly determined that Rouse could


    not proceed with his claims under 2241. See United States v.
    Poole, 531 F.3d 263, 267 n.7 (4th Cir. 2008); In re: Jones, 226
    F.3d 328, 333 (4th Cir. 2000).

    presented in the materials before this court and argument would


    not aid the decisional process.
    DISMISSED

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