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    Snipes v. Beck, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ruben Benjamin Snipes, who sought to appeal the district court's dismissal of his habeas corpus petition under 28 U.S.C. § 2254. The appeals court determined that Snipes did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. As such, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    Snipes v. Beck, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ruben Benjamin Snipes, who sought to appeal the district court's dismissal of his habeas corpus petition under 28 U.S.C. § 2254. The appeals court determined that Snipes did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. As such, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    Filed: 2004-07-21 Precedential Status: Non-Precedential Docket: 04-6248

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ruben Benjamin Snipes, who sought to appeal the district court's dismissal of his habeas corpus petition under 28 U.S.C. § 2254. The appeals court determined that Snipes did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. As such, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
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    3 views2 pages

    Snipes v. Beck, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ruben Benjamin Snipes, who sought to appeal the district court's dismissal of his habeas corpus petition under 28 U.S.C. § 2254. The appeals court determined that Snipes did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. As such, 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. 04-6248

    RUBEN BENJAMIN SNIPES,


    Petitioner - Appellant,
    versus
    THEODIS BECK, Secretary, North Carolina
    Department of Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. William L. Osteen, District
    Judge. (CA-02-887)

    Submitted:

    July 15, 2004

    Decided:

    July 21, 2004

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Ronnie Monroe Mitchell, Coy E. Brewer, Jr., MITCHELL, BREWER,


    RICHARDSON, ADAMS, BURNS & BOUGHMAN, Fayetteville, North Carolina,
    for Appellant.
    Clarence Joe DelForge, III, NORTH CAROLINA
    DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Ruben Benjamin Snipes, who is no longer a state prisoner,
    seeks to appeal the district courts order adopting the report and
    recommendation of the magistrate judge and dismissing his petition
    filed under 28 U.S.C. 2254 (2000).
    unless

    circuit

    appealability.

    justice

    or

    The order is not appealable

    judge

    issues

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

    certificate

    of

    A certificate of

    appealability will not issue absent a substantial showing of the


    denial of a constitutional right.

    28 U.S.C. 2253(c)(2) (2000).

    A prisoner satisfies this standard by demonstrating that reasonable


    jurists would find that his constitutional claims are debatable and
    that any 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 Snipes has not made the
    requisite

    showing.

    Accordingly,

    we

    appealability and dismiss the appeal.

    deny

    certificate

    of

    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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