Scribd Logo
Upload

Welcome to Scribd!

  • 2 views

    Travis v. Sutton, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Douglas Elijah Travis appealed the district court's denial of his 28 U.S.C. § 2254 petition. The United States Court of Appeals for the Fourth Circuit dismissed the appeal, finding that Travis did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, Travis did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable.

    Copyright:

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

    You might also like

    Travis v. Sutton, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    2 views2 pages
    Douglas Elijah Travis appealed the district court's denial of his 28 U.S.C. § 2254 petition. The United States Court of Appeals for the Fourth Circuit dismissed the appeal, finding that Travis did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, Travis did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable.

    Original Description:

    Filed: 2007-03-02 Precedential Status: Non-Precedential Docket: 06-7683

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Douglas Elijah Travis appealed the district court's denial of his 28 U.S.C. § 2254 petition. The United States Court of Appeals for the Fourth Circuit dismissed the appeal, finding that Travis did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, Travis did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable.

    Copyright:

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

    Travis v. Sutton, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Douglas Elijah Travis appealed the district court's denial of his 28 U.S.C. § 2254 petition. The United States Court of Appeals for the Fourth Circuit dismissed the appeal, finding that Travis did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, Travis did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable.

    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. 06-7683

    DOUGLAS ELIJAH TRAVIS,


    Petitioner - Appellant,
    versus
    ERNEST R. SUTTON,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:05-hc-00685-BO)

    Submitted:

    February 22, 2007

    Decided:

    March 2, 2007

    Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Douglas Elijah Travis, Appellant Pro Se. Mary Carla Hollis, NORTH
    CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Douglas

    Elijah

    Travis

    seeks

    to

    appeal

    the

    district

    courts order denying relief on his 28 U.S.C. 2254 (2000)


    petition.
    judge

    The order is not appealable unless a circuit justice or

    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


    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 Travis 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