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  • Harold Cyrus v. David Ballard, 4th Cir. (2016)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Harold L. Cyrus's appeal of the district court's denial of his 28 U.S.C. § 2254 petition. The court dismissed Cyrus's appeal because it determined he did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and concluded Cyrus had not demonstrated the procedural rulings were debatable or his petition stated a debatable claim of a constitutional rights denial. Therefore, the court denied Cyrus's motion for a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2016-04-28 Precedential Status: Non-Precedential Docket: 15-7648

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Harold L. Cyrus's appeal of the district court's denial of his 28 U.S.C. § 2254 petition. The court dismissed Cyrus's appeal because it determined he did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and concluded Cyrus had not demonstrated the procedural rulings were debatable or his petition stated a debatable claim of a constitutional rights denial. Therefore, the court denied Cyrus's motion for a certificate of appealability and dismissed the appeal.

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    Public Domain
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    11 views3 pages

    Harold Cyrus v. David Ballard, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Harold L. Cyrus's appeal of the district court's denial of his 28 U.S.C. § 2254 petition. The court dismissed Cyrus's appeal because it determined he did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the court independently reviewed the record and concluded Cyrus had not demonstrated the procedural rulings were debatable or his petition stated a debatable claim of a constitutional rights denial. Therefore, the court denied Cyrus's motion for 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. 15-7648

    HAROLD L. CYRUS,
    Petitioner - Appellant,
    v.
    DAVID BALLARD, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Bluefield. David A. Faber, Senior
    District Judge. (1:12-cv-09341)

    Submitted:

    March 31, 2016

    Decided:

    April 28, 2016

    Before WILKINSON and FLOYD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Harold L. Cyrus, Appellant Pro Se.


    Shannon Frederick Kiser,
    OFFICE OF THE ATTORNEY GENERAL, Charleston, West Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Harold L. Cyrus 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.
    not

    appealable

    unless

    circuit

    certificate of appealability.
    A

    certificate

    of

    justice

    or

    The order is

    judge

    issues

    28 U.S.C. 2253(c)(1)(A) (2012).

    appealability

    will

    not

    issue

    absent

    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

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    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
    Cyrus has not made the requisite showing.

    Accordingly, we deny

    Cyrus motion for 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
    2

    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument would not aid the decisional process.


    DISMISSED

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