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    Riddick v. Johnson, 4th Cir. (2005)

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    The United States Court of Appeals for the Fourth Circuit dismissed John Riddick's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Riddick did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a Section 2254 petition. Specifically, he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or any procedural rulings. Therefore, the court denied Riddick's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal.

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    Riddick v. Johnson, 4th Cir. (2005)

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    The United States Court of Appeals for the Fourth Circuit dismissed John Riddick's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Riddick did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a Section 2254 petition. Specifically, he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or any procedural rulings. Therefore, the court denied Riddick's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal.

    Original Description:

    Filed: 2005-08-03 Precedential Status: Non-Precedential Docket: 05-6205

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    The United States Court of Appeals for the Fourth Circuit dismissed John Riddick's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Riddick did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a Section 2254 petition. Specifically, he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or any procedural rulings. Therefore, the court denied Riddick's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal.

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    Riddick v. Johnson, 4th Cir. (2005)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed John Riddick's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Riddick did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a Section 2254 petition. Specifically, he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or any procedural rulings. Therefore, the court denied Riddick's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6205

    JOHN A. RIDDICK,
    Petitioner - Appellant,
    versus
    GENE M. JOHNSON,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (CA-04-766-2)

    Submitted:

    July 27, 2005

    Decided:

    August 3, 2005

    Before KING, GREGORY, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    John A. Riddick, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John A. Riddick seeks to appeal the district courts
    order denying relief on his petition filed under 28 U.S.C. 2254
    (2000).
    judge

    The order is not appealable unless a circuit justice or


    issues

    certificate

    of

    appealability.

    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.

    28 U.S.C. 2253(c)(2) (2000).

    A prisoner satisfies this

    standard by demonstrating that reasonable jurists would find that


    the district courts assessment of his constitutional claims is
    debatable and that any dispositive procedural rulings by the
    district court are also debatable or wrong.

    See Miller-El v.

    Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S.
    473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).
    We have independently reviewed the record and conclude that Riddick
    has not made the requisite showing.
    proceed

    on

    appeal

    in

    forma

    Accordingly, we deny leave to

    pauperis,

    appealability, and dismiss the appeal.

    deny

    certificate

    of

    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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