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    Derrick Watkins v. Joe Harron, 4th Cir. (2013)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Derrick Watkins appealed the district court's denial of his petition for habeas corpus relief. The appeals court dismissed the appeal, finding that Watkins did not make the requisite showing that reasonable jurists would find the district court's denial of his constitutional claims debatable or wrong. Specifically, the appeals court independently reviewed the record and concluded Watkins did not demonstrate the denial of a substantial constitutional right to warrant a certificate of appealability.

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    Derrick Watkins v. Joe Harron, 4th Cir. (2013)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Derrick Watkins appealed the district court's denial of his petition for habeas corpus relief. The appeals court dismissed the appeal, finding that Watkins did not make the requisite showing that reasonable jurists would find the district court's denial of his constitutional claims debatable or wrong. Specifically, the appeals court independently reviewed the record and concluded Watkins did not demonstrate the denial of a substantial constitutional right to warrant a certificate of appealability.

    Original Description:

    Filed: 2013-01-25 Precedential Status: Non-Precedential Docket: 12-7736

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Derrick Watkins appealed the district court's denial of his petition for habeas corpus relief. The appeals court dismissed the appeal, finding that Watkins did not make the requisite showing that reasonable jurists would find the district court's denial of his constitutional claims debatable or wrong. Specifically, the appeals court independently reviewed the record and concluded Watkins did not demonstrate the denial of a substantial constitutional right to warrant a certificate of appealability.

    Copyright:

    Public Domain
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    Download as pdf
    26 views3 pages

    Derrick Watkins v. Joe Harron, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Derrick Watkins appealed the district court's denial of his petition for habeas corpus relief. The appeals court dismissed the appeal, finding that Watkins did not make the requisite showing that reasonable jurists would find the district court's denial of his constitutional claims debatable or wrong. Specifically, the appeals court independently reviewed the record and concluded Watkins did not demonstrate the denial of a substantial constitutional right to warrant a certificate of appealability.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-7736

    DERRICK LAMONT WATKINS,


    Petitioner - Appellant,
    v.
    JOE HARRON,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Fox, Senior
    District Judge. (5:11-hc-02181-F)

    Submitted:

    January 22, 2013

    Decided: January 25, 2013

    Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Derrick Lamont Watkins, Appellant Pro Se.


    Clarence Joe
    DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
    North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Derrick Lamont Watkins seeks to appeal the district
    courts

    order

    petition.
    or

    judge

    denying

    on

    his

    28

    U.S.C.

    2254

    (2006)

    The order is not appealable unless a circuit justice


    issues

    certificate

    2253(c)(1)(A) (2006).
    issue

    relief

    absent

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    of

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2006).

    of

    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 Watkins 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

    presented in the materials before this court and argument would


    not aid the decisional process.
    DISMISSED

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