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  • Taylor v. Reynolds, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit dismissed Anthony Taylor's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition and motion for reconsideration. The court issued an unpublished per curiam opinion stating that Taylor failed to make a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. The court independently reviewed the record and determined that reasonable jurists would not debate the district court's assessment or finding that any procedural rulings were debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2008-10-20 Precedential Status: Non-Precedential Docket: 08-7053

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    The United States Court of Appeals for the Fourth Circuit dismissed Anthony Taylor's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition and motion for reconsideration. The court issued an unpublished per curiam opinion stating that Taylor failed to make a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. The court independently reviewed the record and determined that reasonable jurists would not debate the district court's assessment or finding that any procedural rulings were debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    8 views3 pages

    Taylor v. Reynolds, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Anthony Taylor's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition and motion for reconsideration. The court issued an unpublished per curiam opinion stating that Taylor failed to make a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. The court independently reviewed the record and determined that reasonable jurists would not debate the district court's assessment or finding that any procedural rulings were debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-7053

    ANTHONY R. TAYLOR, a/k/a Tony Red,


    Petitioner - Appellant,
    v.
    CECILIA REYNOLDS, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. Henry M. Herlong, Jr., District
    Judge. (6:07-cv-01814-HMH)

    Submitted:

    October 14, 2008

    Decided:

    October 20, 2008

    Before KING, GREGORY, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Anthony R. Taylor, Appellant Pro Se. Melody Jane Brown,


    Assistant
    Attorney
    General,
    Donald
    John
    Zelenka,
    Deputy
    Assistant Attorney General, Columbia, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Anthony R. Taylor seeks to appeal the district courts
    orders denying relief on his 28 U.S.C. 2254 (2000) petition
    and

    his

    motion

    appealable

    unless

    certificate
    (2000).

    for

    of

    reconsideration.

    circuit

    The

    justice

    appealability.

    See

    or

    orders

    28

    judge

    U.S.C.

    are

    not

    issues

    2253(c)(1)

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    28

    U.S.C.

    standard

    2253(c)(2)

    by

    (2000).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this
    find

    that any assessment of the constitutional claims by the district


    court is debatable or wrong and that any dispositive procedural
    ruling

    by

    the

    district

    court

    is

    likewise

    debatable.

    See

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


    McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,
    683-84

    (4th

    record

    and

    showing.

    Cir.

    2001).

    conclude

    that

    We

    have

    Taylor

    independently

    has

    not

    made

    reviewed
    the

    the

    requisite

    Accordingly, we deny a certificate of appealability

    and dismiss the appeal.

    We dispense with oral argument because the facts and


    legal
    before

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.
    DISMISSED

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