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    Wall v. Shearing, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gerald Randolph Wall. The district court had construed Wall's petition under 28 U.S.C. § 2241 as a motion under 28 U.S.C. § 2255 and denied relief. The Fourth Circuit finds that Wall did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As a result, the Fourth Circuit dismisses Wall's appeal.

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    Wall v. Shearing, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gerald Randolph Wall. The district court had construed Wall's petition under 28 U.S.C. § 2241 as a motion under 28 U.S.C. § 2255 and denied relief. The Fourth Circuit finds that Wall did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As a result, the Fourth Circuit dismisses Wall's appeal.

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    Filed: 2003-09-08 Precedential Status: Non-Precedential Docket: 03-6867

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gerald Randolph Wall. The district court had construed Wall's petition under 28 U.S.C. § 2241 as a motion under 28 U.S.C. § 2255 and denied relief. The Fourth Circuit finds that Wall did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As a result, the Fourth Circuit dismisses Wall's appeal.

    Copyright:

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

    Wall v. Shearing, 4th Cir. (2003)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gerald Randolph Wall. The district court had construed Wall's petition under 28 U.S.C. § 2241 as a motion under 28 U.S.C. § 2255 and denied relief. The Fourth Circuit finds that Wall did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion. As a result, the Fourth Circuit dismisses Wall's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6867

    GERALD RANDOLPH WALL,


    Plaintiff - Appellant,
    versus
    B. SHEARING, Warden,
    Defendant - Appellee.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-023145-1-MJG)

    Submitted:

    August 28, 2003

    Decided:

    September 8, 2003

    Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Gerald Randolph Wall, Appellant Pro Se. Steven Hale Levin, OFFICE
    OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Gerald Randolph Wall seeks to appeal the district courts
    order denying relief on his petition filed under 28 U.S.C. 2241
    but properly construed as a motion filed under 28 U.S.C. 2255
    (2000).

    The order is not appealable unless a circuit justice or

    judge issues a 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.


    U.S.C. 2253(c)(2) (2000).
    demonstrating
    constitutional

    that

    A prisoner satisfies this standard by

    reasonable

    claims

    are

    28

    jurists

    debatable

    and

    would
    that

    find
    any

    that

    his

    dispositive

    procedural rulings by the district court are also debatable or


    wrong.

    See Miller-El v. Cockrell, 537 U.S. 322,

    , 123 S. Ct.

    1029, 1040 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
    Rose v. Lee, 252 F.3d 676, 683 (4th Cir.), cert. denied, 534 U.S.
    941 (2001). We have independently reviewed the record and conclude
    that Wall has not made the requisite showing. Accordingly, we deny
    a certificate of appealability, deny leave to proceed in forma
    pauperis, 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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