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    John Springer v. Dennis Bush, 4th Cir. (2015)

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    1) John Daniel Springer appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and denial of his motion for reconsideration. 2) A certificate of appealability is required to appeal such orders, which will not be issued absent a substantial showing that a constitutional right has been denied. 3) The Fourth Circuit Court of Appeals independently reviewed the record and concluded that Springer did not make the requisite showing. It therefore denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    John Springer v. Dennis Bush, 4th Cir. (2015)

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    1) John Daniel Springer appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and denial of his motion for reconsideration. 2) A certificate of appealability is required to appeal such orders, which will not be issued absent a substantial showing that a constitutional right has been denied. 3) The Fourth Circuit Court of Appeals independently reviewed the record and concluded that Springer did not make the requisite showing. It therefore denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2015-11-05 Precedential Status: Non-Precedential Docket: 15-6682

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    1) John Daniel Springer appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and denial of his motion for reconsideration. 2) A certificate of appealability is required to appeal such orders, which will not be issued absent a substantial showing that a constitutional right has been denied. 3) The Fourth Circuit Court of Appeals independently reviewed the record and concluded that Springer did not make the requisite showing. It therefore denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    8 views3 pages

    John Springer v. Dennis Bush, 4th Cir. (2015)

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    Scribd Government Docs
    1) John Daniel Springer appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief and denial of his motion for reconsideration. 2) A certificate of appealability is required to appeal such orders, which will not be issued absent a substantial showing that a constitutional right has been denied. 3) The Fourth Circuit Court of Appeals independently reviewed the record and concluded that Springer did not make the requisite showing. It therefore denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-6682

    JOHN DANIEL SPRINGER,


    Petitioner - Appellant,
    v.
    DENNIS BUSH, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill.
    Bruce H. Hendricks, District
    Judge. (0:13-cv-03549-BHH)

    Submitted:

    October 30, 2015

    Decided:

    November 5, 2015

    Before MOTZ, SHEDD, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    John Daniel Springer, Appellant Pro Se.


    Donald John Zelenka,
    Senior Assistant Attorney General, Melody Jane Brown, Assistant
    Attorney General, Columbia, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    John Daniel Springer seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his 28 U.S.C. 2254 (2012) petition and the
    courts

    order

    denying

    Springers

    motion

    for

    reconsideration.

    The orders are not appealable unless a circuit justice or judge


    issues

    certificate

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

    absent

    of

    appealability.

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    28

    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
    Springer has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability, deny leave to proceed in


    forma pauperis, and dismiss the appeal.
    2

    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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