Scribd Logo
Upload

Welcome to Scribd!

  • 4 views

    Young v. Rushton, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charles Young's appeal of a district court's denial of his motion for reconsideration of the dismissal of his habeas corpus petition. The court concludes that Young has not made the requisite showing to warrant a certificate of appealability. Young's current appeal essentially duplicates an earlier appeal that was already considered, so the court dismisses the appeal without oral arguments.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    Young v. Rushton, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    4 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charles Young's appeal of a district court's denial of his motion for reconsideration of the dismissal of his habeas corpus petition. The court concludes that Young has not made the requisite showing to warrant a certificate of appealability. Young's current appeal essentially duplicates an earlier appeal that was already considered, so the court dismisses the appeal without oral arguments.

    Original Description:

    Filed: 2008-01-23 Precedential Status: Non-Precedential Docket: 07-6957

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charles Young's appeal of a district court's denial of his motion for reconsideration of the dismissal of his habeas corpus petition. The court concludes that Young has not made the requisite showing to warrant a certificate of appealability. Young's current appeal essentially duplicates an earlier appeal that was already considered, so the court dismisses the appeal without oral arguments.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    4 views3 pages

    Young v. Rushton, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charles Young's appeal of a district court's denial of his motion for reconsideration of the dismissal of his habeas corpus petition. The court concludes that Young has not made the requisite showing to warrant a certificate of appealability. Young's current appeal essentially duplicates an earlier appeal that was already considered, so the court dismisses the appeal without oral arguments.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6957

    CHARLES B. YOUNG,
    Petitioner - Appellant,
    versus
    COLIE L. RUSHTON, McCI; HENRY MCMASTER,
    Attorney General for South Carolina,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.
    G. Ross Anderson, Jr., District
    Judge. (9:06-cv-00369-GRA)

    Submitted:

    January 17, 2008

    Decided:

    January 23, 2008

    Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Charles B. Young, Appellant Pro Se. Donald John Zelenka, SOUTH


    CAROLINA ATTORNEY GENERALS OFFICE, Columbia, South Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Charles Young seeks to appeal the district courts order
    denying his Fed. R. Civ. P. 59(e) motion for reconsideration of the
    dismissal of his 28 U.S.C. 2254 (2000) petition.
    not

    appealable

    unless

    circuit

    certificate of appealability.

    justice

    or

    The order is

    judge

    issues

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    this

    would

    28 U.S.C.
    standard

    find

    that

    by
    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 Young has not made the requisite showing.

    Youngs appeal is

    essentially duplicative of his appeal in No. 06-8049, in which we


    considered the district courts denial of Youngs motion for
    reconsideration.

    Accordingly,

    we

    appealability and dismiss the appeal.


    argument

    because

    the

    facts

    deny

    certificate

    of

    We dispense with oral

    and legal contentions are adequately

    - 2 -

    presented in the materials before the court and argument would not
    aid the decisional process.

    DISMISSED

    - 3 -

    You might also like