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    Geter v. McCall, 4th Cir. (2011)

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    Lonnie Geter appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Geter 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 that Geter failed to demonstrate that the district court's denial of relief on procedural grounds was debatable or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Geter v. McCall, 4th Cir. (2011)

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    Lonnie Geter appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Geter 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 that Geter failed to demonstrate that the district court's denial of relief on procedural grounds was debatable or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2011-02-15 Precedential Status: Non-Precedential Docket: 10-6950

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    Lonnie Geter appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Geter 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 that Geter failed to demonstrate that the district court's denial of relief on procedural grounds was debatable or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Geter v. McCall, 4th Cir. (2011)

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    Lonnie Geter appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Geter 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 that Geter failed to demonstrate that the district court's denial of relief on procedural grounds was debatable or that his petition stated a debatable claim of the denial of a constitutional right. Therefore, the court denied 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. 10-6950

    LONNIE GETER,
    Petitioner Appellant,
    v.
    MICHAEL MCCALL, Warden of Perry Correctional Institution,
    Respondent Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Anderson.
    Patrick Michael Duffy, Senior
    District Judge. (8:09-cv-01589-PMD)

    Submitted:

    January 28, 2011

    Decided:

    February 15, 2011

    Before MOTZ, DUNCAN, and WYNN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Lonnie Geter, Appellant Pro Se.


    Donald John Zelenka, Deputy
    Assistant Attorney General, Samuel Creighton Waters, Assistant
    Attorney General, Columbia, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Lonnie

    Geter

    seeks

    to

    appeal

    the

    district

    courts

    order accepting the recommendation of the magistrate judge and


    denying relief on his 28 U.S.C. 2254 (2006) petition.

    The

    order is not appealable unless a circuit justice or judge issues


    a certificate of appealability.
    A

    certificate

    of

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

    appealability

    will

    not

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28 U.S.C. 2253(c)(2) (2006).
    relief

    on

    the

    demonstrating
    district
    debatable

    merits,
    that

    courts
    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    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

    the

    484-85.

    conclude

    We

    that

    have

    Geter

    independently
    has

    not

    made

    reviewed
    the

    record

    requisite

    and

    showing.

    Accordingly, we deny a certificate of appealability and 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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