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    Goodman v. Smith, 4th Cir. (2010)

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    The United States Court of Appeals for the Fourth Circuit dismissed William Goodman's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court denied Goodman's request for a certificate of appealability, finding that he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court also denied Goodman's motion for appointment of counsel and dismissed the appeal.

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    Goodman v. Smith, 4th Cir. (2010)

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    The United States Court of Appeals for the Fourth Circuit dismissed William Goodman's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court denied Goodman's request for a certificate of appealability, finding that he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court also denied Goodman's motion for appointment of counsel and dismissed the appeal.

    Original Description:

    Filed: 2010-03-18 Precedential Status: Non-Precedential Docket: 098194

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    The United States Court of Appeals for the Fourth Circuit dismissed William Goodman's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court denied Goodman's request for a certificate of appealability, finding that he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court also denied Goodman's motion for appointment of counsel and dismissed the appeal.

    Copyright:

    Public Domain
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    Download as pdf
    14 views2 pages

    Goodman v. Smith, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed William Goodman's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court denied Goodman's request for a certificate of appealability, finding that he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The court also denied Goodman's motion for appointment of counsel and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-8194

    WILLIAM JASPER GOODMAN, JR.,


    Petitioner Appellant,
    v.
    LEWIS SMITH, Superintendent,
    Respondent Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.
    Graham C. Mullen,
    Senior District Judge. (3:09-cv-00483-GCM)

    Submitted:

    March 5, 2010

    Decided:

    March 18, 2010

    Before MICHAEL, KING, and DAVIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    William Jasper Goodman, Jr., Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    William
    district

    courts

    Jasper
    order

    Goodman,
    dismissing

    2254 (2006) petition.

    Jr.
    as

    seeks

    to

    untimely

    appeal

    his

    28

    the

    U.S.C.

    The order is not appealable unless a

    circuit justice or judge issues a certificate of appealability.


    28 U.S.C. 2253(c)(1) (2006).

    A certificate of appealability

    will not issue absent a substantial showing of the denial of a


    constitutional
    prisoner
    reasonable

    right.

    satisfies
    jurists

    constitutional

    28

    this
    would

    claims

    by

    U.S.C.

    2253(c)(2)

    standard
    find
    the

    by

    that

    district

    (2006).

    demonstrating

    any

    assessment

    court

    is

    A
    that

    of

    debatable

    the
    or

    wrong and that any dispositive procedural ruling by the district


    court is likewise debatable.

    Miller-El v. Cockrell, 537 U.S.

    322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
    Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

    We have

    independently reviewed the record and conclude that Goodman has


    not

    made

    the

    requisite

    showing.

    Accordingly,

    we

    deny

    his

    motions for a certificate of appealability and for appointment


    of counsel, and we dismiss the appeal.

    We dispense with oral

    argument because the facts and legal contentions are adequately


    presented in the materials before the court and argument would
    not aid the decisional process.
    DISMISSED

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