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    Tino Hayes v. Henry Ponton, 4th Cir. (2014)

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    Tino Devont Hayes appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit reviewed the record independently and concluded that Hayes did not make the requisite showing to warrant a certificate of appealability. Specifically, Hayes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the Fourth Circuit dismissed Hayes' appeal without oral argument.

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    Tino Hayes v. Henry Ponton, 4th Cir. (2014)

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    Tino Devont Hayes appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit reviewed the record independently and concluded that Hayes did not make the requisite showing to warrant a certificate of appealability. Specifically, Hayes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the Fourth Circuit dismissed Hayes' appeal without oral argument.

    Original Description:

    Filed: 2014-02-07 Precedential Status: Non-Precedential Docket: 13-7238

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    Tino Devont Hayes appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit reviewed the record independently and concluded that Hayes did not make the requisite showing to warrant a certificate of appealability. Specifically, Hayes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the Fourth Circuit dismissed Hayes' appeal without oral argument.

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    4 views3 pages

    Tino Hayes v. Henry Ponton, 4th Cir. (2014)

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    Scribd Government Docs
    Tino Devont Hayes appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit reviewed the record independently and concluded that Hayes did not make the requisite showing to warrant a certificate of appealability. Specifically, Hayes did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the Fourth Circuit dismissed Hayes' appeal without oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7238

    TINO DEVONT HAYES,


    Petitioner - Appellant,
    v.
    HENRY PONTON, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Anthony J. Trenga,
    District Judge. (1:12-cv-01126-AJT-IDD)

    Submitted:

    January 21, 2014

    Before WYNN and


    Circuit Judge.

    FLOYD,

    Circuit

    Decided:

    Judges,

    and

    February 7, 2014

    HAMILTON,

    Senior

    Dismissed by unpublished per curiam opinion.

    Tino Devont Hayes, Appellant Pro Se.


    Susan Mozley Harris,
    Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Tino Devont Hayes seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2254 (2012) petition.
    The order is not appealable unless a circuit justice or judge
    issues

    certificate

    2253(c)(1)(A) (2012).
    issue

    absent

    constitutional

    of

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    right.

    See

    28

    showing
    U.S.C.

    of

    the

    denial

    2253(c)(2).

    of

    When

    a
    the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    When the district court denies relief on procedural

    grounds, the prisoner must demonstrate both that the dispositive


    procedural ruling is debatable, and that the petition states a
    debatable claim of the denial of a constitutional right.

    Slack,

    529 U.S. at 484-85.


    We have independently reviewed the record and conclude
    that Hayes has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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