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    Bobo v. Snyder, 4th Cir. (2010)

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    The United States Court of Appeals for the Fourth Circuit dismissed John Eric Bobo's appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court determined that Bobo did not make the requisite showing to obtain a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court also denied Bobo's motion to supplement the record and dispensed with oral argument.

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    Bobo v. Snyder, 4th Cir. (2010)

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    The United States Court of Appeals for the Fourth Circuit dismissed John Eric Bobo's appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court determined that Bobo did not make the requisite showing to obtain a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court also denied Bobo's motion to supplement the record and dispensed with oral argument.

    Original Description:

    Filed: 2010-08-02 Precedential Status: Non-Precedential Docket: 10-6525

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    The United States Court of Appeals for the Fourth Circuit dismissed John Eric Bobo's appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court determined that Bobo did not make the requisite showing to obtain a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court also denied Bobo's motion to supplement the record and dispensed with oral argument.

    Copyright:

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    7 views3 pages

    Bobo v. Snyder, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed John Eric Bobo's appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court determined that Bobo did not make the requisite showing to obtain a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court also denied Bobo's motion to supplement the record and dispensed with oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6525

    JOHN ERIC BOBO,


    Petitioner - Appellant,
    v.
    GEORGE E. SNYDER,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:08-hc-02138-BO)

    Submitted:

    July 22, 2010

    Decided:

    August 2, 2010

    Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    John Eric Bobo, Appellant Pro Se. Rudolf A. Renfer, Jr.,


    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    John Eric Bobo, a state prisoner, seeks to appeal the
    district courts order denying relief on his 28 U.S.C.A. 2241
    (West 2006 & Supp. 2010) petition.
    unless

    circuit

    appealability.

    justice

    or

    The order is not appealable

    judge

    issues

    28 U.S.C. 2253(c)(1) (2006).

    certificate

    of

    A certificate of

    appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2006).

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

    When the district court denies relief on the merits, a

    prisoner

    satisfies

    this

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    courts

    assessment of the constitutional claims is debatable or wrong.


    Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
    Cockrell, 537 U.S. 322, 336-38 (2003).
    denies

    relief

    demonstrate

    on

    both

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    ruling

    must
    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 Bobo


    has not made the requisite showing.

    Accordingly, we deny a

    certificate of appealability and dismiss the appeal.


    deny Bobos motion to supplement the record.
    oral

    argument

    because

    the

    facts

    and

    legal

    We also

    We dispense with
    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    the

    court

    and

    argument would not aid the decisional process.


    DISMISSED

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