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    Whitfield v. Hathaway, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit dismissed Franklin Whitfield's appeal of a magistrate judge's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court determined that Whitfield did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any dispositive procedural rulings were debatable. As such, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    Whitfield v. Hathaway, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit dismissed Franklin Whitfield's appeal of a magistrate judge's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court determined that Whitfield did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any dispositive procedural rulings were debatable. As such, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2008-04-24 Precedential Status: Non-Precedential Docket: 08-6276

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    The United States Court of Appeals for the Fourth Circuit dismissed Franklin Whitfield's appeal of a magistrate judge's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court determined that Whitfield did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any dispositive procedural rulings were debatable. As such, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    9 views2 pages

    Whitfield v. Hathaway, 4th Cir. (2008)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Franklin Whitfield's appeal of a magistrate judge's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court determined that Whitfield did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any dispositive procedural rulings were debatable. As such, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6276

    FRANKLIN WHITFIELD,
    Petitioner - Appellant,
    v.
    ANTHONY HATHAWAY, III,
    Respondent - Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham.
    Paul Trevor Sharp,
    Magistrate Judge. (1:07-cv-00453-PTS)

    Submitted:

    April 17, 2008

    Decided: April 24, 2008

    Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Franklin Whitfield, Appellant Pro Se. Clarence Joe DelForge, III,


    Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE,
    Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Franklin Whitfield seeks to appeal the magistrate judges
    order* denying relief on his 28 U.S.C. 2254 (2000) petition.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    See 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.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    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.

    See

    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
    Whitfield has not made the requisite showing. Accordingly, we deny
    a certificate of appealability 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

    The parties consented to the magistrate judges jurisdiction


    under 28 U.S.C. 636(c) (2000).
    - 2 -

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