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    Hemingway v. Ozmint, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John C. Hemingway, a state prisoner. The district court had dismissed Hemingway's petition filed under 28 U.S.C. § 2254. The appeals court will not issue a certificate of appealability absent a substantial showing that a constitutional right was denied. The court independently reviewed the record and concluded that Hemingway did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed the appeal.

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    Hemingway v. Ozmint, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John C. Hemingway, a state prisoner. The district court had dismissed Hemingway's petition filed under 28 U.S.C. § 2254. The appeals court will not issue a certificate of appealability absent a substantial showing that a constitutional right was denied. The court independently reviewed the record and concluded that Hemingway did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed the appeal.

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    Filed: 2004-07-21 Precedential Status: Non-Precedential Docket: 04-6391

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John C. Hemingway, a state prisoner. The district court had dismissed Hemingway's petition filed under 28 U.S.C. § 2254. The appeals court will not issue a certificate of appealability absent a substantial showing that a constitutional right was denied. The court independently reviewed the record and concluded that Hemingway did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed the appeal.

    Copyright:

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

    Hemingway v. Ozmint, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John C. Hemingway, a state prisoner. The district court had dismissed Hemingway's petition filed under 28 U.S.C. § 2254. The appeals court will not issue a certificate of appealability absent a substantial showing that a constitutional right was denied. The court independently reviewed the record and concluded that Hemingway did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6391

    JOHN C. HEMINGWAY,
    Petitioner - Appellant,
    versus
    NFN OZMINT; HENRY MCMASTER, Attorney General
    of South Carolina,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.
    Patrick Michael Duffy, District
    Judge. (CA-03-1902-9-23BG)

    Submitted:

    July 15, 2004

    Decided:

    July 21, 2004

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    John C. Hemingway, Appellant Pro Se. Donald John Zelenka, Chief


    Deputy Attorney General, William Edgar Salter, III, OFFICE OF THE
    ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John C. Hemingway, 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).

    The order is not appealable 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


    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

    Hemingway

    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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