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  • Simmons v. Warden O'Brien, 4th Cir. (2008)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Vincent L. Simmons v. Warden Terry O'Brien and United States Parole Commission. The Court dismissed Simmons' appeal of the district court's denial of his 28 U.S.C. § 2241 petition for a writ of habeas corpus. The Court found that Simmons did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. As a result, the Court denied Simmons a certificate of appealability and dismissed the appeal.

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    Filed: 2008-02-27 Precedential Status: Non-Precedential Docket: 07-7638

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Vincent L. Simmons v. Warden Terry O'Brien and United States Parole Commission. The Court dismissed Simmons' appeal of the district court's denial of his 28 U.S.C. § 2241 petition for a writ of habeas corpus. The Court found that Simmons did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. As a result, the Court denied Simmons a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    5 views2 pages

    Simmons v. Warden O'Brien, 4th Cir. (2008)

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    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Vincent L. Simmons v. Warden Terry O'Brien and United States Parole Commission. The Court dismissed Simmons' appeal of the district court's denial of his 28 U.S.C. § 2241 petition for a writ of habeas corpus. The Court found that Simmons did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. As a result, the Court denied Simmons a certificate of appealability and dismissed the appeal.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7638

    VINCENT L. SIMMONS,
    Petitioner - Appellant,
    v.
    WARDEN TERRY OBRIEN; UNITED STATES PAROLE
    COMMISSION,
    Respondents - Appellees.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.
    Jackson L. Kiser, Senior
    District Judge. (7:07-cv-00193-jlk)

    Submitted:

    February 21, 2008

    Decided:

    February 27, 2008

    Before MOTZ and GREGORY, Circuit Judges, and WILKINS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Vincent L. Simmons, Appellant Pro Se. Thomas Linn Eckert, Assistant


    United States Attorney, Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Vincent L. Simmons, a District of Columbia prisoner,
    seeks to appeal the district courts order denying relief on his 28
    U.S.C. 2241 (2000) petition.

    The order is not appealable unless

    a circuit justice or judge issues a certificate of appealability.*


    28 U.S.C. 2253(c)(1) (2000). A certificate of appealability will
    not

    issue

    absent

    constitutional right.

    substantial

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2000).

    of

    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 Simmons 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

    Because Simmons was convicted in a District of Columbia


    court, he is required to obtain a certificate of appealability in
    order to appeal the denial of his 2241 petition. See Madley v.
    United States Parole Commn, 278 F.3d 1306 (D.C. Cir. 2002).
    - 2 -

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