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    Elijah Baker v. Director of The Virginia Dept, 4th Cir. (2014)

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    This document summarizes a court case in which Elijah Temel Baker seeks to appeal a district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The appeals court independently reviewed the record and determined that Baker did not make the requisite showing to warrant a certificate of appealability. As such, the court denied Baker's request for a certificate of appealability, denied his motion to proceed in forma pauperis, and dismissed his appeal.

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    Elijah Baker v. Director of The Virginia Dept, 4th Cir. (2014)

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    This document summarizes a court case in which Elijah Temel Baker seeks to appeal a district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The appeals court independently reviewed the record and determined that Baker did not make the requisite showing to warrant a certificate of appealability. As such, the court denied Baker's request for a certificate of appealability, denied his motion to proceed in forma pauperis, and dismissed his appeal.

    Original Description:

    Filed: 2014-08-01 Precedential Status: Non-Precedential Docket: 14-6628

    Original Title

    Elijah Baker v. Director of the Virginia Dept, 4th Cir. (2014)

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    This document summarizes a court case in which Elijah Temel Baker seeks to appeal a district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The appeals court independently reviewed the record and determined that Baker did not make the requisite showing to warrant a certificate of appealability. As such, the court denied Baker's request for a certificate of appealability, denied his motion to proceed in forma pauperis, and dismissed his appeal.

    Copyright:

    Public Domain
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    6 views3 pages

    Elijah Baker v. Director of The Virginia Dept, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Elijah Temel Baker seeks to appeal a district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The appeals court independently reviewed the record and determined that Baker did not make the requisite showing to warrant a certificate of appealability. As such, the court denied Baker's request for a certificate of appealability, denied his motion to proceed in forma pauperis, and dismissed his appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6628

    ELIJAH TEMEL BAKER,


    Petitioner - Appellant,
    v.
    DIRECTOR OF THE VIRGINIA DEPARTMENT OF CORRECTIONS,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.
    Leonie M. Brinkema,
    District Judge. (1:13-cv-01003-LMB-JFA)

    Submitted:

    July 29, 2014

    Decided:

    August 1, 2014

    Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Elijah Temel Baker, Appellant Pro Se.


    Eugene Paul Murphy,
    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Elijah
    courts

    order

    petition.
    or

    judge

    Temel

    denying

    relief

    seeks
    on

    to

    appeal

    28

    U.S.C.

    his

    the

    district

    2254

    (2012)

    The order is not appealable unless a circuit justice


    issues

    certificate

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

    Baker

    absent

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    of

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    of

    When 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 Baker 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 this court and argument would


    not aid the decisional process.

    DISMISSED

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