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    Grayson v. Stevenson, 4th Cir. (2009)

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    Dean Grayson appealed a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Grayson did not make the requisite showing to receive a certificate of appealability. Specifically, Grayson 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. As such, the Fourth Circuit denied a certificate of appealability and dismissed the appeal without oral argument.

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    Grayson v. Stevenson, 4th Cir. (2009)

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    Dean Grayson appealed a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Grayson did not make the requisite showing to receive a certificate of appealability. Specifically, Grayson 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. As such, the Fourth Circuit denied a certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2009-06-04 Precedential Status: Non-Precedential Docket: 08-8580

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    Dean Grayson appealed a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Grayson did not make the requisite showing to receive a certificate of appealability. Specifically, Grayson 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. As such, the Fourth Circuit denied a certificate of appealability and dismissed the appeal without oral argument.

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    Grayson v. Stevenson, 4th Cir. (2009)

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    Dean Grayson appealed a district court order denying his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Grayson did not make the requisite showing to receive a certificate of appealability. Specifically, Grayson 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. As such, the Fourth Circuit denied a certificate of appealability and dismissed the appeal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-8580

    DEAN GRAYSON,
    Petitioner - Appellant,
    v.
    ROBERT STEVENSON, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort. R. Bryan Harwell, District Judge.
    (9:08-cv-01888-RBH)

    Submitted:

    May 28, 2009

    Decided:

    June 4, 2009

    Before WILKINSON, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Dean Grayson, Appellant Pro Se. Donald John Zelenka, Deputy


    Assistant Attorney General; Alphonso Simon, Jr., SOUTH CAROLINA
    ATTORNEY
    GENERALS
    OFFICE,
    Columbia,
    South
    Carolina,
    for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Dean

    Grayson

    seeks

    to

    appeal

    the

    district

    courts

    order accepting the recommendation of the magistrate judge and


    denying relief on his 28 U.S.C. 2254 (2006) petition.

    The

    order is not appealable unless a circuit justice or judge issues


    a certificate of appealability.
    A

    certificate

    of

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

    appealability

    will

    not

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28

    U.S.C.

    standard

    2253(c)(2)

    by

    (2006).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this
    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).

    conclude

    We

    that

    have

    Grayson

    independently
    has

    not

    made

    reviewed
    the

    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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