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    Wells v. SC Dept Probation, Parole, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Freddie Junior Wells' appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court determined that Wells did not make the requisite substantial showing of the denial of a constitutional right to warrant the issuance of a certificate of appealability, as required under 28 U.S.C. § 2253(c)(2). As such, the court denied Wells' request for a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    Wells v. SC Dept Probation, Parole, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Freddie Junior Wells' appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court determined that Wells did not make the requisite substantial showing of the denial of a constitutional right to warrant the issuance of a certificate of appealability, as required under 28 U.S.C. § 2253(c)(2). As such, the court denied Wells' request for a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2007-09-07 Precedential Status: Non-Precedential Docket: 07-6565

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Freddie Junior Wells' appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court determined that Wells did not make the requisite substantial showing of the denial of a constitutional right to warrant the issuance of a certificate of appealability, as required under 28 U.S.C. § 2253(c)(2). As such, the court denied Wells' request for a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    6 views2 pages

    Wells v. SC Dept Probation, Parole, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Freddie Junior Wells' appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court determined that Wells did not make the requisite substantial showing of the denial of a constitutional right to warrant the issuance of a certificate of appealability, as required under 28 U.S.C. § 2253(c)(2). As such, the court denied Wells' request for a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6565

    FREDDIE JUNIOR WELLS,


    Petitioner - Appellant,
    versus
    SOUTH
    CAROLINA
    DEPARTMENT
    PAROLE, AND PARDON SERVICES,

    OF

    PROBATION,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Henry F. Floyd, District Judge.
    (4:06-cv-01965-HFF)

    Submitted: August 30, 2007

    Decided:

    September 7, 2007

    Before MICHAEL, KING, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Freddie Junior Wells, Appellant Pro Se.


    Donald John Zelenka,
    OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, John Benjamin
    Aplin, SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE & PARDON
    SERVICES, Columbia, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Freddie Junior Wells, a state prisoner, seeks to appeal
    the district courts order accepting the recommendation of the
    magistrate judge and denying relief on his 28 U.S.C. 2241 (2000)
    petition.
    judge

    The order is not appealable unless a circuit justice or

    issues

    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 Wells has not
    made the requisite showing.

    Accordingly, we deny a 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

    - 2 -

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