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  • McCain v. Garrity, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed Maurice McCain's appeal of the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2241. The court determined that McCain did not obtain a certificate of appealability as required, and that he failed to demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Accordingly, the court denied a certificate of appealability, dismissed the appeal, and granted McCain's counsel's motion to withdraw.

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    Filed: 2002-12-20 Precedential Status: Non-Precedential Docket: 02-7242

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    The United States Court of Appeals for the Fourth Circuit dismissed Maurice McCain's appeal of the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2241. The court determined that McCain did not obtain a certificate of appealability as required, and that he failed to demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Accordingly, the court denied a certificate of appealability, dismissed the appeal, and granted McCain's counsel's motion to withdraw.

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    7 views3 pages

    McCain v. Garrity, 4th Cir. (2002)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Maurice McCain's appeal of the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2241. The court determined that McCain did not obtain a certificate of appealability as required, and that he failed to demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Accordingly, the court denied a certificate of appealability, dismissed the appeal, and granted McCain's counsel's motion to withdraw.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7242

    MAURICE MCCAIN,
    Petitioner - Appellant,
    versus
    CHIEF WARDEN GARRITY,
    Corrections Facility,

    Greensville

    Federal
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. Robert E. Payne, District Judge.
    (CA-02-435)

    Submitted:

    December 16, 2002

    Decided:

    December 20, 2002

    Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Joan Augusta Harvill, Arlington, Virginia, for Appellant.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Maurice McCain, a District of Columbia prisoner, seeks to
    appeal the district courts order denying relief on his petition
    filed under 28 U.S.C. 2241 (2000).

    An appeal may not be taken

    from the final order in a habeas corpus proceeding unless a circuit


    justice or judge issues a certificate of appealability.*
    2253(c)(1) (2000).

    28 U.S.C.

    When, as here, a district court dismisses a

    2241 petition solely on procedural grounds, a certificate of


    appealability will not issue unless the petitioner can demonstrate
    both (1) that jurists of reason would find it debatable whether
    the petition states a valid claim of the denial of a constitutional
    right and (2) that jurists of reason would find it debatable
    whether the district court was correct in its procedural ruling.
    Rose v. Lee, 252 F.3d 676, 684 (4th Cir.) (quoting Slack v.
    McDaniel, 529 U.S. 473, 484 (2000)), cert. denied, 122 S. Ct. 318
    (2001).

    We have reviewed the record and conclude for the reasons

    stated by the district court that McCain has not made the requisite
    showing.
    2002).

    See McCain v. Garrity, No. CA-02-435 (E.D. Va. July 16,


    Accordingly, we deny a certificate of appealability and

    dismiss the appeal. In addition, we grant McCains counsels motion

    Because McCain was convicted in a District of Columbia


    court, he is required to obtain a certificate of appealability in
    order to proceed with this 2241 petition. See Modley v. United
    States Parole Commn, 278 F.3d 1306 (D.C. Cir.), cert. denied, 123
    S. Ct. 515 (2002).
    2

    to withdraw.

    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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