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    John Simmons v. Ennis Oates, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John Wayne Simmons of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court concludes that Simmons has not made a substantial showing that he was denied a constitutional right, which is required for a certificate of appealability. As such, the court dismisses Simmons' appeal, denies his request to proceed in forma pauperis, and will not hear oral arguments in the case.

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    John Simmons v. Ennis Oates, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John Wayne Simmons of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court concludes that Simmons has not made a substantial showing that he was denied a constitutional right, which is required for a certificate of appealability. As such, the court dismisses Simmons' appeal, denies his request to proceed in forma pauperis, and will not hear oral arguments in the case.

    Original Description:

    Filed: 2014-04-21 Precedential Status: Non-Precedential Docket: 13-7723

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John Wayne Simmons of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court concludes that Simmons has not made a substantial showing that he was denied a constitutional right, which is required for a certificate of appealability. As such, the court dismisses Simmons' appeal, denies his request to proceed in forma pauperis, and will not hear oral arguments in the case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    9 views3 pages

    John Simmons v. Ennis Oates, 4th Cir. (2014)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John Wayne Simmons of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court concludes that Simmons has not made a substantial showing that he was denied a constitutional right, which is required for a certificate of appealability. As such, the court dismisses Simmons' appeal, denies his request to proceed in forma pauperis, and will not hear oral arguments in the case.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7723

    JOHN WAYNE SIMMONS,


    Petitioner - Appellant,
    v.
    ENNIS OATES,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Louise W. Flanagan,
    District Judge. (5:12-hc-02180-FL)

    Submitted:

    April 17, 2014

    Decided:

    April 21, 2014

    Before WILKINSON, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    John Wayne Simmons, Appellant Pro Se.


    Mary Carla Hollis,
    Assistant
    Attorney
    General,
    Raleigh,
    North
    Carolina,
    for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    John
    courts order
    petition.
    or

    judge

    Wayne

    Simmons

    denying

    relief

    on

    to

    appeal

    28

    U.S.C.

    his

    the

    district

    2254

    (2012)

    The order is not appealable unless a circuit justice


    issues

    certificate

    2253(c)(1)(A) (2012).
    issue

    seeks

    absent

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    of

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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 Simmons has not made the requisite showing.

    Accordingly,

    we deny a certificate of appealability, deny leave to proceed in


    forma pauperis, and dismiss the appeal.

    We dispense with oral

    argument because the facts and legal contentions are adequately

    presented in the materials before this court and argument would


    not aid the decisional process.
    DISMISSED

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