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    Hawkins v. Warden, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Dwarne Hawkins' appeal of a district court's denial of his petition for a writ of habeas corpus. The appeals court found that Hawkins did not make a substantial showing that he was denied a constitutional right or that reasonable jurists would find it debatable whether the district court's procedural ruling was correct. As a result, the appeals court denied Hawkins a certificate of appealability and dismissed his appeal without oral argument.

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    Hawkins v. Warden, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Dwarne Hawkins' appeal of a district court's denial of his petition for a writ of habeas corpus. The appeals court found that Hawkins did not make a substantial showing that he was denied a constitutional right or that reasonable jurists would find it debatable whether the district court's procedural ruling was correct. As a result, the appeals court denied Hawkins a certificate of appealability and dismissed his appeal without oral argument.

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    Filed: 2002-12-17 Precedential Status: Non-Precedential Docket: 02-7244

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Dwarne Hawkins' appeal of a district court's denial of his petition for a writ of habeas corpus. The appeals court found that Hawkins did not make a substantial showing that he was denied a constitutional right or that reasonable jurists would find it debatable whether the district court's procedural ruling was correct. As a result, the appeals court denied Hawkins a certificate of appealability and dismissed his appeal without oral argument.

    Copyright:

    Public Domain
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    22 views2 pages

    Hawkins v. Warden, 4th Cir. (2002)

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    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Dwarne Hawkins' appeal of a district court's denial of his petition for a writ of habeas corpus. The appeals court found that Hawkins did not make a substantial showing that he was denied a constitutional right or that reasonable jurists would find it debatable whether the district court's procedural ruling was correct. As a result, the appeals court denied Hawkins a certificate of appealability and dismissed his appeal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7244

    DWARNE HAWKINS,
    Petitioner - Appellant,
    versus
    WARDEN, Charlotte Correctional Institution,
    Punta Gorda, Florida; ATTORNEY GENERAL FOR THE
    STATE OF MARYLAND,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    William M. Nickerson, Senior District
    Judge. (CA-02-1548-WMN)

    Submitted:

    November 25, 2002

    Decided:

    December 17, 2002

    Before WILKINS, TRAXLER, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Dwarne Hawkins, Appellant Pro Se. John Joseph Curran, Jr., Attorney
    General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF
    MARYLAND, Baltimore, Maryland, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Dwarne Hawkins, a state prisoner, seeks to appeal the district
    courts order denying relief on his petition filed under 28 U.S.C.
    2254 (2000).

    To be entitled to a certificate of appealability,

    Hawkins must make a substantial showing of the denial of a


    constitutional right.

    28 U.S.C. 2253(c)(2) (2000).

    When a

    district court dismisses solely on procedural grounds, the movant


    must demonstrate both (1) that jurists of reason would find it
    debatable whether the petition states a valid claim of the denial
    of a constitutional right and (2) that jurists of reason would
    find it debatable whether the district court was correct in its
    procedural ruling.

    Rose v. Lee, 252 F.3d 676, 684 (4th Cir.)

    (quoting Slack v. McDaniel, 529 U.S. 473 (2000)), cert. denied, 122
    S. Ct. 318 (2001).

    We have reviewed the record and conclude that

    Hawkins has not made the requisite showing. See Hawkins v. Warden,
    No. CA-02-1548-WMN (D. Md. July 9, 2002).

    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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