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    Griffith v. Harkleroad, 4th Cir. (2010)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Joseph Michael Griffith's appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court found that Griffith did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. As such, the court dismissed the appeal for lack of jurisdiction.

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    Griffith v. Harkleroad, 4th Cir. (2010)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Joseph Michael Griffith's appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court found that Griffith did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. As such, the court dismissed the appeal for lack of jurisdiction.

    Original Description:

    Filed: 2010-12-22 Precedential Status: Non-Precedential Docket: 10-6492

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Joseph Michael Griffith's appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court found that Griffith did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. As such, the court dismissed the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
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    15 views3 pages

    Griffith v. Harkleroad, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Joseph Michael Griffith's appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court found that Griffith did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability. As such, the court dismissed the appeal for lack of jurisdiction.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6492

    JOSEPH MICHAEL GRIFFITH,


    Petitioner Appellant,
    v.
    SIDNEY HARKLEROAD,
    Respondent Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville.
    Graham C. Mullen,
    Senior District Judge. (1:10-cv-00026-GCM)

    Submitted:

    November 22, 2010

    Decided:

    December 22, 2010

    Before DUNCAN, AGEE, and KEENAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Joseph Michael Griffith,


    DelForge, III, Assistant
    Carolina, for Appellee.

    Appellant
    Attorney

    Pro Se.
    General,

    Clarence Joe
    Raleigh, North

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Joseph Michael Griffith, a state prisoner, seeks to
    appeal

    the

    district

    courts

    order

    denying

    relief

    U.S.C.A. 2241 (West 2006 & Supp. 2010) petition.


    not

    appealable

    unless

    circuit

    certificate of appealability.
    certificate

    of

    28

    The order is
    a

    28 U.S.C. 2253(c)(1) (2006).

    will

    or

    his

    issues

    appealability

    justice

    on

    not

    judge

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28 U.S.C. 2253(c)(2) (2006).
    relief

    on

    the

    demonstrating
    district
    debatable

    merits,
    that

    courts
    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    When the district court denies relief on procedural grounds, the
    prisoner must demonstrate both that the dispositive procedural
    ruling is debatable, and that the petition states a debatable
    claim of the denial of a constitutional right.

    Slack, 529 U.S.

    at

    the

    484-85.

    conclude

    that

    We

    have

    Griffith

    independently
    has

    not

    reviewed

    made

    the

    record

    requisite

    and

    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

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