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  • Mazza v. Commonwealth of VA, 4th Cir. (2008)

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    1) Anthony Mazza sought to appeal a magistrate judge's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. 2) A certificate of appealability is required to appeal the denial of habeas relief, which requires a substantial showing that constitutional rights were denied. 3) The court independently reviewed the record and determined that Mazza did not make the requisite showing to warrant a certificate of appealability. The court therefore dismissed Mazza's appeal.

    Original Description:

    Filed: 2008-02-26 Precedential Status: Non-Precedential Docket: 07-7353

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    1) Anthony Mazza sought to appeal a magistrate judge's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. 2) A certificate of appealability is required to appeal the denial of habeas relief, which requires a substantial showing that constitutional rights were denied. 3) The court independently reviewed the record and determined that Mazza did not make the requisite showing to warrant a certificate of appealability. The court therefore dismissed Mazza's appeal.

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    Mazza v. Commonwealth of VA, 4th Cir. (2008)

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    Scribd Government Docs
    1) Anthony Mazza sought to appeal a magistrate judge's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. 2) A certificate of appealability is required to appeal the denial of habeas relief, which requires a substantial showing that constitutional rights were denied. 3) The court independently reviewed the record and determined that Mazza did not make the requisite showing to warrant a certificate of appealability. The court therefore dismissed Mazza's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7353

    ANTHONY F. MAZZA, JR.,


    Petitioner - Appellant,
    v.
    COMMONWEALTH OF VIRGINIA,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. M. Hannah Lauck, Magistrate
    Judge. (3:07-cv-00075-MHL)

    Submitted:

    February 21, 2008

    Decided:

    February 26, 2008

    Before MOTZ and GREGORY, Circuit Judges, and WILKINS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Anthony F. Mazza, Jr., Appellant Pro Se. John Michael Parsons,


    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Anthony F. Mazza, Jr., seeks to appeal the magistrate
    judges order denying relief on his 28 U.S.C. 2254 (2000)
    petition.*
    judge

    The order is not appealable unless a circuit justice or

    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(1) (2000). 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


    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 Mazza has not made
    the requisite showing.

    Accordingly, we deny a certificate of

    appealability, deny leave to proceed in forma pauperis, 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

    This case was decided by the magistrate judge upon consent of


    the parties under 28 U.S.C. 636(c) (2000).
    - 2 -

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