Scribd Logo
Upload

Welcome to Scribd!

  • 3 views

    Berrow v. Beck, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished decision by the United States Court of Appeals for the Fourth Circuit denying Melvin Douglas Berrow's motion for a certificate of appealability. The district court had denied Berrow's petition for habeas corpus relief under 28 U.S.C. § 2254. The Court of Appeals independently reviewed the record and concluded that Berrow did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Accordingly, the Court of Appeals denied Berrow's motion and dismissed the appeal.

    Copyright:

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

    You might also like

    Berrow v. Beck, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    3 views2 pages
    This document summarizes an unpublished decision by the United States Court of Appeals for the Fourth Circuit denying Melvin Douglas Berrow's motion for a certificate of appealability. The district court had denied Berrow's petition for habeas corpus relief under 28 U.S.C. § 2254. The Court of Appeals independently reviewed the record and concluded that Berrow did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Accordingly, the Court of Appeals denied Berrow's motion and dismissed the appeal.

    Original Description:

    Filed: 2008-02-07 Precedential Status: Non-Precedential Docket: 07-7287

    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    This document summarizes an unpublished decision by the United States Court of Appeals for the Fourth Circuit denying Melvin Douglas Berrow's motion for a certificate of appealability. The district court had denied Berrow's petition for habeas corpus relief under 28 U.S.C. § 2254. The Court of Appeals independently reviewed the record and concluded that Berrow did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Accordingly, the Court of Appeals denied Berrow's motion and dismissed the appeal.

    Copyright:

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

    Berrow v. Beck, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished decision by the United States Court of Appeals for the Fourth Circuit denying Melvin Douglas Berrow's motion for a certificate of appealability. The district court had denied Berrow's petition for habeas corpus relief under 28 U.S.C. § 2254. The Court of Appeals independently reviewed the record and concluded that Berrow did not make the requisite showing to satisfy the standards for issuing a certificate of appealability. Accordingly, the Court of Appeals denied Berrow's motion and dismissed the appeal.

    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. 07-7287

    MELVIN DOUGLAS BERROW,


    Petitioner - Appellant,
    versus
    THEODIS
    BECK,
    Secretary,
    Department of Corrections,

    North

    Carolina
    Respondent - Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. James A. Beaty, Jr., Chief
    District Judge. (1:05-cv-00019-JAB)

    Submitted:

    January 28, 2008

    Decided:

    February 7, 2008

    Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Melvin Douglas Berrow, Appellant Pro Se.


    Sandra Wallace-Smith,
    Assistant Attorney General, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Melvin

    Douglas

    Berrow

    moves

    for

    certificate

    of

    appealability, seeking to appeal the district courts order denying


    relief on his 28 U.S.C. 2254 (2000) petition.

    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 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 Berrow has not made the requisite showing.
    Accordingly, we deny the motion for a certificate of appealability
    and dismiss the appeal.
    and

    dispense

    with

    oral

    We deny leave to proceed in forma pauperis


    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