Scribd Logo
Upload

Welcome to Scribd!

  • Angel Chirinos-Escala v. Harold Clarke, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    18 views3 pages
    1) Angel Alfonso Chirinos-Escala filed a habeas corpus petition challenging his detention, which was denied by the district court. He sought to appeal this denial. 2) The appeals court will not hear an appeal of a denied habeas petition unless it grants a Certificate of Appealability, requiring the petitioner to demonstrate the denial of a constitutional right. 3) Upon reviewing the record, the appeals court determined that Chirinos-Escala did not make the required showing. It therefore denied the Certificate of Appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2014-03-28 Precedential Status: Non-Precedential Docket: 13-7847

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    1) Angel Alfonso Chirinos-Escala filed a habeas corpus petition challenging his detention, which was denied by the district court. He sought to appeal this denial. 2) The appeals court will not hear an appeal of a denied habeas petition unless it grants a Certificate of Appealability, requiring the petitioner to demonstrate the denial of a constitutional right. 3) Upon reviewing the record, the appeals court determined that Chirinos-Escala did not make the required showing. It therefore denied the Certificate of Appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    18 views3 pages

    Angel Chirinos-Escala v. Harold Clarke, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    1) Angel Alfonso Chirinos-Escala filed a habeas corpus petition challenging his detention, which was denied by the district court. He sought to appeal this denial. 2) The appeals court will not hear an appeal of a denied habeas petition unless it grants a Certificate of Appealability, requiring the petitioner to demonstrate the denial of a constitutional right. 3) Upon reviewing the record, the appeals court determined that Chirinos-Escala did not make the required showing. It therefore denied the Certificate of Appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7847

    ANGEL ALFONSO CHIRINOS-ESCALA,


    Petitioner - Appellant,
    v.
    HAROLD CLARKE, Virginia Department of Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Anthony John Trenga,
    District Judge. (1:13-cv-00716-AJT-TRJ)

    Submitted:

    March 11, 2014

    Decided:

    March 28, 2014

    Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Angel Alfonso Chirinos-Escala, Appellant Pro Se.


    Lauren
    Catherine Campbell, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA,
    Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Angel

    Alfonso

    Chirinos-Escala

    seeks

    to

    appeal

    the

    district courts order denying relief on his 28 U.S.C. 2254


    (2012) petition.

    The order is not appealable unless a circuit

    justice

    issues

    or

    judge

    certificate

    U.S.C. 2253(c)(1)(A) (2012).

    of

    appealability.

    28

    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 assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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

    Chirinos-Escala

    has

    not

    made

    the

    requisite

    showing.

    Accordingly, we deny a certificate of appealability, deny leave


    to

    proceed

    dispense

    in

    with

    forma

    pauperis,

    oral

    argument

    and

    dismiss

    because

    the

    the

    appeal.

    facts

    and

    We
    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

    You might also like