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  • White v. Johnson, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit dismissed Marlon Jamal White's appeal of the district court's denial of his petition for a writ of habeas corpus. The court found that White did not make a substantial showing that his constitutional rights were denied, as required to issue a certificate of appealability under 28 U.S.C. § 2253(c). The court independently reviewed the record and concluded that reasonable jurists would not debate that White's constitutional claims are without merit or that the district court's procedural rulings were correct. Therefore, the court dismissed White's appeal.

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    Filed: 2004-12-01 Precedential Status: Non-Precedential Docket: 04-7343

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    The United States Court of Appeals for the Fourth Circuit dismissed Marlon Jamal White's appeal of the district court's denial of his petition for a writ of habeas corpus. The court found that White did not make a substantial showing that his constitutional rights were denied, as required to issue a certificate of appealability under 28 U.S.C. § 2253(c). The court independently reviewed the record and concluded that reasonable jurists would not debate that White's constitutional claims are without merit or that the district court's procedural rulings were correct. Therefore, the court dismissed White's appeal.

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    Public Domain
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    10 views2 pages

    White v. Johnson, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Marlon Jamal White's appeal of the district court's denial of his petition for a writ of habeas corpus. The court found that White did not make a substantial showing that his constitutional rights were denied, as required to issue a certificate of appealability under 28 U.S.C. § 2253(c). The court independently reviewed the record and concluded that reasonable jurists would not debate that White's constitutional claims are without merit or that the district court's procedural rulings were correct. Therefore, the court dismissed White's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7343

    MARLON JAMAL WHITE,


    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    James R. Spencer, District
    Judge. (CA-03-878-3)

    Submitted:

    November 18, 2004

    Decided:

    December 1, 2004

    Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Marlon Jamal White, Appellant Pro Se.


    Stephen R. McCullough,
    Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Marlon Jamal White, a Virginia inmate, seeks to appeal
    the district courts order denying relief on his petition filed
    under 28 U.S.C. 2254 (2000).

    An appeal may not be taken from the

    final order in a habeas corpus proceeding unless a circuit justice


    or

    judge

    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


    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 White 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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