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    Hagans v. Administrator of DCI, 4th Cir. (2011)

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    Melvin E. Hagans sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit dismissed the appeal. The court determined that Hagans did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability under 28 U.S.C. § 2253(c). The court independently reviewed the record and concluded Hagans failed to demonstrate that the district court's assessment of his constitutional claims was debatable or wrong.

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    Hagans v. Administrator of DCI, 4th Cir. (2011)

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    Melvin E. Hagans sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit dismissed the appeal. The court determined that Hagans did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability under 28 U.S.C. § 2253(c). The court independently reviewed the record and concluded Hagans failed to demonstrate that the district court's assessment of his constitutional claims was debatable or wrong.

    Original Description:

    Filed: 2011-05-23 Precedential Status: Non-Precedential Docket: 10-7416

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    Melvin E. Hagans sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit dismissed the appeal. The court determined that Hagans did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability under 28 U.S.C. § 2253(c). The court independently reviewed the record and concluded Hagans failed to demonstrate that the district court's assessment of his constitutional claims was debatable or wrong.

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    Hagans v. Administrator of DCI, 4th Cir. (2011)

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    Melvin E. Hagans sought to appeal the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit dismissed the appeal. The court determined that Hagans did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability under 28 U.S.C. § 2253(c). The court independently reviewed the record and concluded Hagans failed to demonstrate that the district court's assessment of his constitutional claims was debatable or wrong.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-7416

    MELVIN E. HAGANS,
    Petitioner - Appellant,
    v.
    ADMINISTRATOR OF DURHAM CORRECTIONAL INSTITUTION,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Louise W. Flanagan,
    Chief District Judge. (5:10-hc-02005-FL)

    Submitted:

    May 19, 2011

    Before TRAXLER,
    Judges.

    Chief

    Decided:

    Judge,

    and

    AGEE

    and

    May 23, 2011

    KEENAN,

    Circuit

    Dismissed by unpublished per curiam opinion.

    Bruce Tracy Cunningham,


    OF BRUCE T. CUNNINGHAM,
    Appellant.
    Clarence
    General, Raleigh, North

    Jr., Heather Lynn Rattelade, LAW OFFICE


    JR., Southern Pines, North Carolina, for
    Joe DelForge, III, Assistant Attorney
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Melvin E. Hagans seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2254 (2006) petition.
    The order is not appealable unless a circuit justice or judge
    issues

    certificate

    2253(c)(1) (2006).
    issue

    absent

    of

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    See

    showing

    of

    the

    denial

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

    of

    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.
    529 U.S. at 484-85.

    Slack,

    We have independently reviewed the record

    and conclude that Hagans has not made the requisite 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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