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  • Ray Loy v. Evelyn Seifert, 4th Cir. (2015)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ray Loy, who sought to appeal the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The appeals court independently reviewed the record and determined that Loy did not make the requisite showing to obtain 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. Accordingly, the appeals court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2015-02-10 Precedential Status: Non-Precedential Docket: 14-7196

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ray Loy, who sought to appeal the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The appeals court independently reviewed the record and determined that Loy did not make the requisite showing to obtain 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. Accordingly, the appeals court denied a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    5 views3 pages

    Ray Loy v. Evelyn Seifert, 4th Cir. (2015)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ray Loy, who sought to appeal the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The appeals court independently reviewed the record and determined that Loy did not make the requisite showing to obtain 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. Accordingly, the appeals court denied a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7196

    RAY LOY,
    Petitioner Appellant,
    v.
    EVELYN SEIFERT,
    Respondent - Appellee.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Clarksburg.
    Irene M. Keeley,
    District Judge. (1:13-cv-00117-IMK-JSK)

    Submitted:

    January 30, 2015

    Decided:

    February 10, 2015

    Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Ray Loy, Appellant Pro Se. Laura Young, OFFICE OF THE ATTORNEY
    GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ray Loy seeks to appeal the district courts order
    adopting the report of the magistrate judge and denying relief
    on Loys 28 U.S.C. 2254 (2012) petition.

    The order is not

    appealable

    unless

    judge

    certificate

    of

    (2012).

    circuit

    justice

    appealability.

    See

    28

    or

    U.S.C.

    issues

    2253(c)(1)(A)

    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) (2012).
    relief

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    prisoner

    reasonable

    assessment

    wrong.

    When the district court denies


    satisfies

    jurists

    would

    of

    the

    v.

    McDaniel,

    Slack

    this

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    When the district court denies relief on procedural grounds, the
    prisoner must demonstrate both that the dispositive procedural
    ruling is debatable, and that the petition states a debatable
    claim of the denial of a constitutional right.

    Slack, 529 U.S.

    at 484-85.
    We have independently reviewed the record and conclude
    that Loy has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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