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    Medina v. Beck, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit dismissed Abel Contrears Medina's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely. The court determined that Medina did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that the district court's procedural ruling was debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Medina v. Beck, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit dismissed Abel Contrears Medina's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely. The court determined that Medina did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that the district court's procedural ruling was debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2006-08-14 Precedential Status: Non-Precedential Docket: 06-6446

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    The United States Court of Appeals for the Fourth Circuit dismissed Abel Contrears Medina's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely. The court determined that Medina did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that the district court's procedural ruling was debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    6 views2 pages

    Medina v. Beck, 4th Cir. (2006)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Abel Contrears Medina's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely. The court determined that Medina did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that the district court's procedural ruling was debatable. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6446

    ABEL CONTREARS MEDINA,


    Petitioner - Appellant,
    versus
    THEODIS
    BECK,
    Secretary,
    North
    Carolina
    Department of Corrections; SHERWOOD R. MCCABE,
    Administrator,
    Respondents - Appellees.

    Appeal from the United States District


    District of North Carolina, at Durham.
    District Judge. (1:05-cv-00872-JAB)

    Submitted:

    July 26, 2006

    Court for the Middle


    James A. Beaty, Jr.,

    Decided:

    August 14, 2006

    Before MICHAEL, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Abel Contrears Medina, Appellant Pro Se. Clarence Joe DelForge,


    III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina,
    for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Abel

    Contrears

    Medina

    seeks

    to

    appeal

    the

    district

    courts order accepting the recommendation of the magistrate judge


    and dismissing as untimely his 28 U.S.C. 2254 (2000) petition.
    The order is not appealable unless a circuit justice or judge
    issues a certificate of appealability.
    (2000).

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

    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

    that

    28

    A prisoner satisfies this standard by

    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 Medina 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 -

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