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    Porter v. Anthony, 4th Cir. (2004)

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    This document summarizes a United States Court of Appeals case in which Justin Porter appealed a district court order dismissing his untimely habeas corpus petition as recommended by a magistrate judge. A three-judge panel of the Court of Appeals denied Porter's request for a certificate of appealability, finding that he failed to make a substantial showing that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the Court dismissed Porter's appeal.

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    Porter v. Anthony, 4th Cir. (2004)

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    This document summarizes a United States Court of Appeals case in which Justin Porter appealed a district court order dismissing his untimely habeas corpus petition as recommended by a magistrate judge. A three-judge panel of the Court of Appeals denied Porter's request for a certificate of appealability, finding that he failed to make a substantial showing that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the Court dismissed Porter's appeal.

    Original Description:

    Filed: 2004-09-22 Precedential Status: Non-Precedential Docket: 04-6783

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    This document summarizes a United States Court of Appeals case in which Justin Porter appealed a district court order dismissing his untimely habeas corpus petition as recommended by a magistrate judge. A three-judge panel of the Court of Appeals denied Porter's request for a certificate of appealability, finding that he failed to make a substantial showing that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the Court dismissed Porter's appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    Download as pdf
    6 views2 pages

    Porter v. Anthony, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Justin Porter appealed a district court order dismissing his untimely habeas corpus petition as recommended by a magistrate judge. A three-judge panel of the Court of Appeals denied Porter's request for a certificate of appealability, finding that he failed to make a substantial showing that reasonable jurists would find his constitutional claims debatable or that the district court's procedural rulings were debatable or wrong. As a result, the Court dismissed Porter's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6783

    JUSTIN M. PORTER,
    Petitioner - Appellant,
    versus
    WARDEN ANTHONY; SOUTH CAROLINA STATE
    LEGISLATURE; HENRY MCMASTER, Attorney
    General of South Carolina,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.
    David C. Norton, District Judge.
    (CA-03-2557-9-18BG)

    Submitted:

    September 16, 2004

    Decided:

    September 22, 2004

    Before LUTTIG, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Justin M. Porter, Appellant Pro Se. Donald John Zelenka, Chief


    Deputy Attorney General, John William McIntosh, Assistant Attorney
    General, Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Justin
    accepting

    M.

    Porter

    magistrate

    appeals

    judges

    district

    recommendation

    courts
    to

    order

    dismiss

    untimely his petition filed under 28 U.S.C. 2254 (2000).

    as
    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
    constitutional

    (2000).
    that

    prisoner

    reasonable

    claims

    are

    satisfies

    jurists

    debatable

    and

    would
    that

    this

    28 U.S.C.
    standard

    find
    any

    that

    by
    his

    dispositive

    procedural rulings by the district court are also debatable or


    wrong.

    See Miller-El v. Cockrell, 537 U.S. 322, 336 (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 Porter 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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