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  • Moore v. Ozmint, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Bryant Moore's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely. The court determined that Moore did not make the requisite showing to merit the issuance of a certificate of appealability. Specifically, Moore did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that the district court's procedural ruling was debatable. Accordingly, the court denied Moore's motion seeking a certificate of appealability and dismissed the appeals.

    Original Description:

    Filed: 2007-01-22 Precedential Status: Non-Precedential Docket: 06-7765

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    The United States Court of Appeals for the Fourth Circuit dismissed Bryant Moore's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely. The court determined that Moore did not make the requisite showing to merit the issuance of a certificate of appealability. Specifically, Moore did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that the district court's procedural ruling was debatable. Accordingly, the court denied Moore's motion seeking a certificate of appealability and dismissed the appeals.

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    Moore v. Ozmint, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Bryant Moore's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition as untimely. The court determined that Moore did not make the requisite showing to merit the issuance of a certificate of appealability. Specifically, Moore did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that the district court's procedural ruling was debatable. Accordingly, the court denied Moore's motion seeking a certificate of appealability and dismissed the appeals.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7765

    BRYANT MOORE,
    Petitioner - Appellant,
    versus
    JON OZMINT, Director of South Carolina
    Department of Corrections; HENRY MCMASTER,
    Attorney General of South Carolina,
    Respondents - Appellees.

    No. 06-7874

    BRYANT MOORE,
    Petitioner - Appellant,
    versus
    JON OZMINT, Director of South Carolina
    Department of Corrections; HENRY MCMASTER,
    Attorney General of South Carolina,
    Respondents - Appellees.

    Appeals from the United States District Court for the District of
    South Carolina, at Anderson.
    G. Ross Anderson, Jr., District
    Judge. (8:06-cv-00990-GRA)

    Submitted:

    December 22, 2006

    Decided:

    January 22, 2007

    Before WILKINSON, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Bryant Moore, Appellant Pro Se. Melody Jane Brown, Donald John
    Zelenka, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA,
    Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    - 2 -

    PER CURIAM:
    Bryant Moore seeks to appeal the district courts order
    accepting the recommendation of the magistrate judge and dismissing
    as untimely his 28 U.S.C. 2254 (2000) petition.

    The order is not

    appealable unless a circuit justice or judge issues a certificate


    of appealability. 28 U.S.C. 2253(c)(1) (2000). 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) (2000).

    A prisoner satisfies this standard by demonstrating that reasonable


    jurists would find that any assessment of the constitutional claims
    by

    the

    district

    court

    is

    debatable

    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 Moore has not made the requisite showing.
    Accordingly,

    we

    deny

    Moores

    motion

    seeking

    issuance

    certificate of appealability and dismiss the appeals.

    of

    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

    - 3 -

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