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    Tisdale v. State of South Carolina, 4th Cir. (2010)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Antonio Tisdale. The court had denied Tisdale's petition for habeas corpus relief under 28 U.S.C. §2254. The appeals court will not issue a certificate of appealability, which is required to appeal the denial of habeas relief, because Tisdale has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court dismisses Tisdale's appeal.

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    Tisdale v. State of South Carolina, 4th Cir. (2010)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Antonio Tisdale. The court had denied Tisdale's petition for habeas corpus relief under 28 U.S.C. §2254. The appeals court will not issue a certificate of appealability, which is required to appeal the denial of habeas relief, because Tisdale has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court dismisses Tisdale's appeal.

    Original Description:

    Filed: 2010-06-08 Precedential Status: Non-Precedential Docket: 09-7920

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Antonio Tisdale. The court had denied Tisdale's petition for habeas corpus relief under 28 U.S.C. §2254. The appeals court will not issue a certificate of appealability, which is required to appeal the denial of habeas relief, because Tisdale has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court dismisses Tisdale's appeal.

    Copyright:

    Public Domain
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    3 views2 pages

    Tisdale v. State of South Carolina, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Antonio Tisdale. The court had denied Tisdale's petition for habeas corpus relief under 28 U.S.C. §2254. The appeals court will not issue a certificate of appealability, which is required to appeal the denial of habeas relief, because Tisdale has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court dismisses Tisdale's appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-7920

    ANTONIO D. TISDALE,
    Petitioner Appellant,
    v.
    STATE OF SOUTH CAROLINA,
    Respondent Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston.
    Patrick Michael Duffy, Senior
    District Judge. (4:04-cv-01319-PMD)

    Submitted:

    May 17, 2010

    Decided:

    June 8, 2010

    Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Antonio D. Tisdale, Appellant Pro Se.


    Derrick K. McFarland,
    SOUTH CAROLINA BUDGET AND CONTROL BOARD, Columbia, South
    Carolina,
    Donald
    John
    Zelenka,
    Deputy
    Assistant
    Attorney
    General, Columbia, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Antonio
    courts

    order

    petition.
    or

    judge

    D.

    Tisdale

    denying

    relief

    issues

    absent

    constitutional
    prisoner
    reasonable

    on

    to

    appeal

    28

    U.S.C.

    his

    the

    district

    2254

    (2006)

    The order is not appealable unless a circuit justice


    a

    certificate

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

    seeks

    substantial

    satisfies

    constitutional

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    right.

    jurists

    of

    28

    this

    by

    U.S.C.

    find
    the

    of

    the

    denial

    2253(c)(2)

    standard

    would

    claims

    showing

    by

    that

    any

    district

    of

    (2006).

    demonstrating
    assessment

    court

    is

    a
    A

    that

    of

    the

    debatable

    or

    wrong and that any dispositive procedural ruling by the district


    Miller-El v. Cockrell, 537 U.S.

    court is likewise debatable.

    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 Tisdale has


    not

    made

    the

    requisite

    showing.

    Accordingly,

    we

    deny

    certificate of appealability, deny leave to proceed in forma


    pauperis,

    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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