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  • Joshua v. Johnson, 4th Cir. (2004)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Jerry Glenn Joshua's appeal. The district court had granted Joshua's motion to dismiss his habeas corpus petition without prejudice. The appeals court finds that Joshua has not made a substantial showing that his constitutional rights were denied, so it denies his request for a certificate of appealability. It also denies his other motions and dismisses the appeal.

    Original Description:

    Filed: 2004-04-15 Precedential Status: Non-Precedential Docket: 03-7631

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Jerry Glenn Joshua's appeal. The district court had granted Joshua's motion to dismiss his habeas corpus petition without prejudice. The appeals court finds that Joshua has not made a substantial showing that his constitutional rights were denied, so it denies his request for a certificate of appealability. It also denies his other motions and dismisses the appeal.

    Copyright:

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

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

    Uploaded by

    Scribd Government Docs
    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing Jerry Glenn Joshua's appeal. The district court had granted Joshua's motion to dismiss his habeas corpus petition without prejudice. The appeals court finds that Joshua has not made a substantial showing that his constitutional rights were denied, so it denies his request for a certificate of appealability. It also denies his other motions and dismisses the appeal.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7631

    JERRY GLENN JOSHUA,


    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director
    Department of Corrections,

    of

    the

    Virginia
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Rebecca Beach Smith, District
    Judge. (CA-03-491-2)

    Submitted:

    March 29, 2004

    Decided:

    April 15, 2004

    Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jerry Glenn Joshua, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jerry Glenn Joshua seeks to appeal the district courts
    order granting his motion to dismiss without prejudice his petition
    filed under 28 U.S.C. 2254 (2000).
    unless

    circuit

    appealability.

    justice

    or

    judge

    The order is not appealable


    issues

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

    certificate

    of

    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 Joshua has not made the
    requisite showing.

    Accordingly, we deny Joshuas motion for

    authorization to prepare a transcript at government expense, deny


    his motion to proceed in forma pauperis, deny his motions for
    general relief, deny his motion to dismiss the indictment, 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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