Scribd Logo
Upload

Welcome to Scribd!

  • 8 views

    William Smith v. Benjamin Wright, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing William Orlando Smith's appeal of a district court's order dismissing his 28 U.S.C. § 2254 petition as successive. The court notes that the district court's order is not appealable unless a certificate of appealability is issued. However, the court determines that Smith has not made the requisite showing to receive a certificate of appealability, so it denies the certificate, denies Smith's request to proceed in forma pauperis, and dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    William Smith v. Benjamin Wright, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    8 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing William Orlando Smith's appeal of a district court's order dismissing his 28 U.S.C. § 2254 petition as successive. The court notes that the district court's order is not appealable unless a certificate of appealability is issued. However, the court determines that Smith has not made the requisite showing to receive a certificate of appealability, so it denies the certificate, denies Smith's request to proceed in forma pauperis, and dismisses the appeal.

    Original Description:

    Filed: 2014-06-30 Precedential Status: Non-Precedential Docket: 14-6416

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing William Orlando Smith's appeal of a district court's order dismissing his 28 U.S.C. § 2254 petition as successive. The court notes that the district court's order is not appealable unless a certificate of appealability is issued. However, the court determines that Smith has not made the requisite showing to receive a certificate of appealability, so it denies the certificate, denies Smith's request to proceed in forma pauperis, and dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    8 views3 pages

    William Smith v. Benjamin Wright, 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 William Orlando Smith's appeal of a district court's order dismissing his 28 U.S.C. § 2254 petition as successive. The court notes that the district court's order is not appealable unless a certificate of appealability is issued. However, the court determines that Smith has not made the requisite showing to receive a certificate of appealability, so it denies the certificate, denies Smith's request to proceed in forma pauperis, and dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6416

    WILLIAM ORLANDO SMITH,


    Petitioner - Appellant,
    v.
    BENJAMIN WRIGHT,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. Michael F. Urbanski, District
    Judge. (7:13-cv-00608-MFU-RSB)

    Submitted:

    June 26, 2014

    Decided:

    June 30, 2014

    Before WILKINSON, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    William Orlando Smith, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    William
    courts

    order

    Orlando

    Smith

    dismissing

    as

    seeks

    to

    successive

    appeal

    his

    28

    the

    district

    U.S.C.

    2254

    (2012) petition.

    The order is not appealable unless a circuit

    justice

    issues

    or

    judge

    certificate

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

    of

    appealability.

    28

    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).

    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 Smith 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

    You might also like