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    Nolon v. Townes, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit dismissed Ardie Nolon's appeal of the district court's dismissal of his §2254 habeas petition. The district court had dismissed the petition as an unauthorized second or successive petition. The Court of Appeals denied a certificate of appealability, finding that Nolon had not made the requisite showing of the denial of a constitutional right. The Court dismissed the appeal without oral argument, determining the facts and legal issues were adequately presented in the materials before the court.

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    Nolon v. Townes, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit dismissed Ardie Nolon's appeal of the district court's dismissal of his §2254 habeas petition. The district court had dismissed the petition as an unauthorized second or successive petition. The Court of Appeals denied a certificate of appealability, finding that Nolon had not made the requisite showing of the denial of a constitutional right. The Court dismissed the appeal without oral argument, determining the facts and legal issues were adequately presented in the materials before the court.

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    Filed: 2006-04-06 Precedential Status: Non-Precedential Docket: 05-7437

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    The United States Court of Appeals for the Fourth Circuit dismissed Ardie Nolon's appeal of the district court's dismissal of his §2254 habeas petition. The district court had dismissed the petition as an unauthorized second or successive petition. The Court of Appeals denied a certificate of appealability, finding that Nolon had not made the requisite showing of the denial of a constitutional right. The Court dismissed the appeal without oral argument, determining the facts and legal issues were adequately presented in the materials before the court.

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    4 views2 pages

    Nolon v. Townes, 4th Cir. (2006)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Ardie Nolon's appeal of the district court's dismissal of his §2254 habeas petition. The district court had dismissed the petition as an unauthorized second or successive petition. The Court of Appeals denied a certificate of appealability, finding that Nolon had not made the requisite showing of the denial of a constitutional right. The Court dismissed the appeal without oral argument, determining the facts and legal issues were adequately presented in the materials before the court.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7437

    ARDIE D. NOLON, III,


    Petitioner - Appellant,
    versus
    SELMA TOWNES,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (CA-05-521)

    Submitted:

    March 30, 2006

    Decided: April 6, 2006

    Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Ardie D. Nolon, III, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Ardie D. Nolon, III, a North Carolina inmate, seeks to
    appeal the district courts order dismissing without prejudice his
    petition filed under 28 U.S.C. 2254 (2000) as an unauthorized
    second or successive petition.

    The order is not appealable unless

    a circuit justice or judge issues a certificate of appealability.


    28 U.S.C. 2253(c)(1) (2000); Jones v. Braxton, 392 F.3d 683 (4th
    Cir. 2004).

    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 the district


    courts assessment of his constitutional claims debatable and that
    any dispositive procedural rulings by the district court are also
    debatable or wrong.

    See Miller-El v. Cockrell, 537 U.S. 322, 336

    (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
    252 F.3d 676, 683 (4th Cir. 2001).

    We have independently reviewed

    the record and conclude that Nolon has not made the requisite
    showing.

    Accordingly, we deny a certificate of appealability, and

    dismiss the appeal.


    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    DISMISSED

    - 2 -

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