Scribd Logo
Upload

Welcome to Scribd!

  • 5 views

    Moore v. Hagan, 4th Cir. (2008)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John K. Moore, who had filed a habeas corpus petition under 28 U.S.C. 2254. The court denies Moore a certificate of appealability, finding he did not make a substantial showing that his constitutional rights were denied. To obtain a certificate, a petitioner must demonstrate reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that a procedural ruling was debatable. The court independently reviewed the record and determined Moore did not make the requisite showing.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    Moore v. Hagan, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    5 views2 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John K. Moore, who had filed a habeas corpus petition under 28 U.S.C. 2254. The court denies Moore a certificate of appealability, finding he did not make a substantial showing that his constitutional rights were denied. To obtain a certificate, a petitioner must demonstrate reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that a procedural ruling was debatable. The court independently reviewed the record and determined Moore did not make the requisite showing.

    Original Description:

    Filed: 2008-05-12 Precedential Status: Non-Precedential Docket: 07-7586

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John K. Moore, who had filed a habeas corpus petition under 28 U.S.C. 2254. The court denies Moore a certificate of appealability, finding he did not make a substantial showing that his constitutional rights were denied. To obtain a certificate, a petitioner must demonstrate reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that a procedural ruling was debatable. The court independently reviewed the record and determined Moore did not make the requisite showing.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    5 views2 pages

    Moore v. Hagan, 4th Cir. (2008)

    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 K. Moore, who had filed a habeas corpus petition under 28 U.S.C. 2254. The court denies Moore a certificate of appealability, finding he did not make a substantial showing that his constitutional rights were denied. To obtain a certificate, a petitioner must demonstrate reasonable jurists would find the district court's assessment of constitutional claims debatable or wrong or that a procedural ruling was debatable. The court independently reviewed the record and determined Moore did not make the requisite showing.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7586

    JOHN K. MOORE,
    Petitioner - Appellant,
    v.
    GEORGE T. HAGAN,
    Attorney General,

    Warden;

    HENRY

    MCMASTER,

    South

    Carolina

    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. Sol Blatt, Jr., Senior District
    Judge. (2:06-cv-00084-SB)

    Submitted:

    May 2, 2008

    Decided:

    May 12, 2008

    Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit
    Judge.

    Dismissed by unpublished per curiam opinion.

    John K. Moore, Appellant Pro Se. Samuel Creighton Waters, OFFICE


    OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    John K. Moore seeks to appeal the district courts order
    denying relief on his 28 U.S.C. 2254 (2000) petition.

    The order

    is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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 Moore 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 -

    You might also like