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    Harris v. Johnson, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit dismissed Darryl Stacy Harris's appeal of a district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. To appeal the denial, Harris needed a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. However, the court independently reviewed the record and concluded that Harris did not make the requisite showing to warrant a certificate. Therefore, the court dismissed the appeal without oral argument.

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    Harris v. Johnson, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit dismissed Darryl Stacy Harris's appeal of a district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. To appeal the denial, Harris needed a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. However, the court independently reviewed the record and concluded that Harris did not make the requisite showing to warrant a certificate. Therefore, the court dismissed the appeal without oral argument.

    Original Description:

    Filed: 2006-02-17 Precedential Status: Non-Precedential Docket: 05-7377

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    The United States Court of Appeals for the Fourth Circuit dismissed Darryl Stacy Harris's appeal of a district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. To appeal the denial, Harris needed a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. However, the court independently reviewed the record and concluded that Harris did not make the requisite showing to warrant a certificate. Therefore, the court dismissed the appeal without oral argument.

    Copyright:

    Public Domain
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    8 views2 pages

    Harris v. Johnson, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Darryl Stacy Harris's appeal of a district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. To appeal the denial, Harris needed a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. However, the court independently reviewed the record and concluded that Harris did not make the requisite showing to warrant a certificate. Therefore, the court dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7377

    DARRYL STACY HARRIS,


    Petitioner - Appellant,
    versus
    GENE JOHNSON, Director of
    Department of Corrections,

    the

    Virginia
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, Senior District
    Judge. (CA-04-694-7)

    Submitted:

    January 31, 2006

    Decided:

    February 17, 2006

    Before WILKINSON, MICHAEL, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Darryl Stacy Harris, Appellant Pro Se. Thomas Drummond Bagwell,


    Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Darryl Stacy Harris, a state prisoner, seeks to appeal
    the district courts order denying relief on his petition filed
    under 28 U.S.C. 2254 (2000).

    An appeal may not be taken from the

    final order in a 2254 proceeding unless a circuit justice or


    judge

    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(1) (2000). A certificate of appealability will not issue


    for claims addressed by a district court absent a substantial
    showing of the denial of a constitutional right.

    2253(c)(2)

    (2000).

    prisoner

    satisfies

    this

    28 U.S.C.
    standard

    by

    demonstrating that reasonable jurists would find both that the


    district

    courts

    assessment

    of

    his

    constitutional

    claims

    is

    debatable or wrong and that any dispositive procedural rulings by


    the district court are also debatable or wrong.

    See Miller-El v.

    Cockrell, 537 U.S. 322, 338 (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 Harris
    has not made the requisite showing.

    Accordingly, we deny a

    certificate of appealability and dismiss the appeal.

    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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