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    Williams v. McKie, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Kenneth Phillip Williams' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court issued a per curiam opinion stating that Williams had not made the requisite showing to obtain a certificate of appealability, as he had not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    Williams v. McKie, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Kenneth Phillip Williams' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court issued a per curiam opinion stating that Williams had not made the requisite showing to obtain a certificate of appealability, as he had not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2007-09-04 Precedential Status: Non-Precedential Docket: 07-6533

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    The United States Court of Appeals for the Fourth Circuit dismissed Kenneth Phillip Williams' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court issued a per curiam opinion stating that Williams had not made the requisite showing to obtain a certificate of appealability, as he had not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    8 views2 pages

    Williams v. McKie, 4th Cir. (2007)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Kenneth Phillip Williams' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court issued a per curiam opinion stating that Williams had not made the requisite showing to obtain a certificate of appealability, as he had not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6533

    KENNETH PHILLIP WILLIAMS,


    Petitioner - Appellant,
    versus
    BERNARD
    MCKIE;
    HENRY
    MCMASTER,
    General for South Carolina,

    Attorney
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.
    Patrick Michael Duffy, District
    Judge. (9:06-cv-02574-PMD)

    Submitted:

    August 15, 2007

    Decided:

    September 4, 2007

    Before MICHAEL and SHEDD, Circuit Judges, and WILKINS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Kenneth Phillip Williams, Appellant Pro Se. Donald John Zelenka,


    Samuel Creighton Waters, OFFICE OF THE ATTORNEY GENERAL OF SOUTH
    CAROLINA, Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Kenneth Phillip Williams seeks to appeal the district
    courts order accepting the recommendation of the magistrate judge
    and denying relief on his 28 U.S.C. 2254 (2000) petition.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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.

    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 Cir. 2001).

    We have

    independently reviewed the record and conclude that Williams 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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