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    Christopher Quincer v. Pete Meletis, 4th Cir. (2013)

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    1) Christopher Quincer sought to appeal the district court's denial of his habeas corpus petition. 2) The appeals court will not hear an appeal of a denied habeas petition unless it grants a Certificate of Appealability, requiring the petitioner to demonstrate the denial of a constitutional right. 3) The appeals court independently reviewed the record and determined that Quincer did not make the required showing. It therefore denied the Certificate of Appealability, dismissed the appeal, and denied Quincer's other motions.

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    Christopher Quincer v. Pete Meletis, 4th Cir. (2013)

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    1) Christopher Quincer sought to appeal the district court's denial of his habeas corpus petition. 2) The appeals court will not hear an appeal of a denied habeas petition unless it grants a Certificate of Appealability, requiring the petitioner to demonstrate the denial of a constitutional right. 3) The appeals court independently reviewed the record and determined that Quincer did not make the required showing. It therefore denied the Certificate of Appealability, dismissed the appeal, and denied Quincer's other motions.

    Original Description:

    Filed: 2013-07-18 Precedential Status: Non-Precedential Docket: 13-6239

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    1) Christopher Quincer sought to appeal the district court's denial of his habeas corpus petition. 2) The appeals court will not hear an appeal of a denied habeas petition unless it grants a Certificate of Appealability, requiring the petitioner to demonstrate the denial of a constitutional right. 3) The appeals court independently reviewed the record and determined that Quincer did not make the required showing. It therefore denied the Certificate of Appealability, dismissed the appeal, and denied Quincer's other motions.

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    16 views3 pages

    Christopher Quincer v. Pete Meletis, 4th Cir. (2013)

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    1) Christopher Quincer sought to appeal the district court's denial of his habeas corpus petition. 2) The appeals court will not hear an appeal of a denied habeas petition unless it grants a Certificate of Appealability, requiring the petitioner to demonstrate the denial of a constitutional right. 3) The appeals court independently reviewed the record and determined that Quincer did not make the required showing. It therefore denied the Certificate of Appealability, dismissed the appeal, and denied Quincer's other motions.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6239

    CHRISTOPHER ANDRE S.W. QUINCER,


    Petitioner - Appellant,
    v.
    PETE MELETIS, Superintendent,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Claude M. Hilton, Senior
    District Judge. (1:11-cv-01140-CMH-IDD)

    Submitted:

    June 20, 2013

    Decided:

    July 18, 2013

    Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Christopher Andre S.W. Quincer, Appellant Pro Se.


    Wade Travis
    Anderson, Kevin Osborne Barnard, FRITH, ANDERSON & PEAKE, PC,
    Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Christopher

    Andre

    S.W.

    Quincer

    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

    issues

    or

    judge

    certificate

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

    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) (2006).

    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 Quincer has not made the requisite showing.

    Accordingly,

    we deny a certificate of appealability, deny leave to proceed in


    forma pauperis, deny the motion to appoint counsel, and dismiss
    the appeal.
    motion

    and

    We deny as moot Quincers Fed. R. App. P. 8(a)(2)


    supplemental

    motion
    2

    for

    injunctive

    relief.

    We

    dispense

    with

    contentions

    are

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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