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    Wilkerson v. Beck, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit dismissed Wayne Elliott Wilkerson's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court determined that Wilkerson did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural ruling was debatable. As such, the court dismissed Wilkerson's appeal without oral argument.

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    Wilkerson v. Beck, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit dismissed Wayne Elliott Wilkerson's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court determined that Wilkerson did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural ruling was debatable. As such, the court dismissed Wilkerson's appeal without oral argument.

    Original Description:

    Filed: 2008-09-17 Precedential Status: Non-Precedential Docket: 08-7128

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    The United States Court of Appeals for the Fourth Circuit dismissed Wayne Elliott Wilkerson's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court determined that Wilkerson did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural ruling was debatable. As such, the court dismissed Wilkerson's appeal without oral argument.

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    3 views2 pages

    Wilkerson v. Beck, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit dismissed Wayne Elliott Wilkerson's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court determined that Wilkerson did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural ruling was debatable. As such, the court dismissed Wilkerson's appeal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-7128

    WAYNE ELLIOTT WILKERSON,


    Petitioner - Appellant,
    v.
    THEODIS BECK,
    Correction,

    Secretary,

    North

    Carolina

    Department

    of

    Respondent - Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. William L. Osteen, Jr.,
    District Judge. (1:07-cv-00802-WO-PTS)

    Submitted:

    September 11, 2008

    Decided:

    September 17, 2008

    Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Wayne Elliott Wilkerson, Appellant Pro Se. Clarence Joe DelForge,


    III, Assistant Attorney General, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Wayne Elliott Wilkerson seeks to appeal the district
    courts order accepting the recommendation of the magistrate judge
    and dismissing as untimely his 28 U.S.C. 2254 (2000) petition.
    The order is not appealable unless a circuit justice or judge
    issues a certificate of appealability.
    (2000).

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

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


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

    that

    28

    A prisoner satisfies this standard by

    reasonable

    jurists

    would

    find

    that

    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 Wilkerson has


    not made the requisite showing.

    Accordingly, we deny Wilkersons

    motion for 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

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