Scribd Logo
Upload

Welcome to Scribd!

  • Washington v. Johnson, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    7 views2 pages
    Milford Washington appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal because Washington did not obtain a certificate of appealability, which requires demonstrating the denial of a constitutional right. The unpublished per curiam opinion concluded that Washington did not make the requisite showing to receive a certificate of appealability.

    Original Description:

    Filed: 2008-08-21 Precedential Status: Non-Precedential Docket: 08-6732

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Milford Washington appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal because Washington did not obtain a certificate of appealability, which requires demonstrating the denial of a constitutional right. The unpublished per curiam opinion concluded that Washington did not make the requisite showing to receive a certificate of appealability.

    Copyright:

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

    Washington v. Johnson, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    Milford Washington appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal because Washington did not obtain a certificate of appealability, which requires demonstrating the denial of a constitutional right. The unpublished per curiam opinion concluded that Washington did not make the requisite showing to receive a certificate of appealability.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6732

    MILFORD WASHINGTON,
    Petitioner - Appellant,
    v.
    GENE M. JOHNSON, Director of the Virginia Department of
    Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Rebecca Beach Smith, District
    Judge. (2:07-cv-00293-RBS-TEM)

    Submitted:

    August 14, 2008

    Decided:

    August 21, 2008

    Before MICHAEL, Circuit Judge, and WILKINS and HAMILTON, Senior


    Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Milford Washington, Appellant Pro Se. Josephine Frances Whalen,


    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Milford Washington seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his 28 U.S.C. 2254 (2000) petition.

    The order

    is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    See 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.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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.

    See

    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
    Washington 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

    You might also like