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    Sings v. Weisner, 4th Cir. (2005)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Stephen Sings' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The district court had dismissed Sings' petition as untimely under the Antiterrorism and Effective Death Penalty Act. The appeals court independently reviewed the record and determined that Sings did not make the requisite showing to merit a certificate of appealability, so it denied his motion for a certificate of appealability and dismissed the appeal.

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    Sings v. Weisner, 4th Cir. (2005)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Stephen Sings' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The district court had dismissed Sings' petition as untimely under the Antiterrorism and Effective Death Penalty Act. The appeals court independently reviewed the record and determined that Sings did not make the requisite showing to merit a certificate of appealability, so it denied his motion for a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2005-12-22 Precedential Status: Non-Precedential Docket: 05-7491

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Stephen Sings' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The district court had dismissed Sings' petition as untimely under the Antiterrorism and Effective Death Penalty Act. The appeals court independently reviewed the record and determined that Sings did not make the requisite showing to merit a certificate of appealability, so it denied his motion for a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    10 views3 pages

    Sings v. Weisner, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Stephen Sings' appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The district court had dismissed Sings' petition as untimely under the Antiterrorism and Effective Death Penalty Act. The appeals court independently reviewed the record and determined that Sings did not make the requisite showing to merit a certificate of appealability, so it denied his motion for a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7491

    STEPHEN SINGS,
    Petitioner - Appellant,
    versus
    REGGIE WEISNER,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western of
    North Carolina, at Charlotte. Graham C. Mullen, Chief District
    Judge. (CA-05-110-3)

    Submitted: December 15, 2005

    Decided:

    December 22, 2005

    Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Stephen Sings, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Stephen Sings, a North Carolina prisoner, seeks to appeal
    the district courts order dismissing his petition filed under 28
    U.S.C. 2254 (2000) as untimely under the Antiterrorism and
    Effective Death Penalty Act of 1996.

    An appeal may not be taken

    from the final order in a 2254 proceeding unless a circuit


    justice or judge issues a 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)

    demonstrating
    constitutional

    (2000).
    that

    the

    claims

    is

    prisoner
    district

    satisfies
    courts

    debatable

    or

    this

    28 U.S.C.
    standard

    assessment
    wrong

    and

    by

    of

    his

    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 Sings has not made the requisite
    showing.

    Accordingly, we deny his motion for a certificate of

    appealability and dismiss the appeal.

    We dispense with oral

    argument because the facts and legal contentions are adequately

    - 2 -

    presented in the materials before the court and argument would not
    aid the decisional process.

    DISMISSED

    - 3 -

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