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    Lewis v. Jackson, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John Lamont Lewis, who had filed a 28 U.S.C. § 2254 petition in district court seeking relief from his conviction. The district court had denied Lewis's petition. The appellate court independently reviewed the record and determined that Lewis had not made the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appellate court denied Lewis's motion for a certificate of appealability and dismissed the appeal.

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    Lewis v. Jackson, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John Lamont Lewis, who had filed a 28 U.S.C. § 2254 petition in district court seeking relief from his conviction. The district court had denied Lewis's petition. The appellate court independently reviewed the record and determined that Lewis had not made the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appellate court denied Lewis's motion for a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2010-08-09 Precedential Status: Non-Precedential Docket: 10-6788

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John Lamont Lewis, who had filed a 28 U.S.C. § 2254 petition in district court seeking relief from his conviction. The district court had denied Lewis's petition. The appellate court independently reviewed the record and determined that Lewis had not made the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appellate court denied Lewis's motion for a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    34 views3 pages

    Lewis v. Jackson, 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 an appeal from John Lamont Lewis, who had filed a 28 U.S.C. § 2254 petition in district court seeking relief from his conviction. The district court had denied Lewis's petition. The appellate court independently reviewed the record and determined that Lewis had not made the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appellate court denied Lewis's motion for a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6788

    JOHN LAMONT LEWIS,


    Petitioner - Appellant,
    v.
    HERB JACKSON,
    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-00091-GCM)

    Submitted:

    July 27, 2010

    Decided:

    August 9, 2010

    Before TRAXLER, Chief Judge, and WILKINSON and KEENAN, Circuit


    Judges.

    Dismissed by unpublished per curiam opinion.

    John Lamont Lewis, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    John Lamont Lewis seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2254 (2006) petition.
    The order is not appealable unless a circuit justice or judge
    issues

    certificate

    2253(c)(1) (2006).
    issue

    absent

    of

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    See

    showing

    of

    the

    denial

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

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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.
    529 U.S. at 484-85.
    and

    conclude

    Accordingly,

    that
    we

    Slack,

    We have independently reviewed the record


    Lewis

    deny

    has

    not

    Lewiss

    made

    motion

    appealability and dismiss the appeal.

    the

    requisite

    for

    showing.

    certificate

    of

    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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