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  • Frederick Moore v. Warden John Wolfe, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Frederick James Moore's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court of appeals independently reviewed the record and concluded that Moore did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that the district court's procedural ruling was debatable. Therefore, the court dismissed Moore's motion for a certificate of appealability and his appeal.

    Original Description:

    Filed: 2014-08-08 Precedential Status: Non-Precedential Docket: 14-6270

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Frederick James Moore's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court of appeals independently reviewed the record and concluded that Moore did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that the district court's procedural ruling was debatable. Therefore, the court dismissed Moore's motion for a certificate of appealability and his appeal.

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    Public Domain
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    9 views3 pages

    Frederick Moore v. Warden John Wolfe, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Frederick James Moore's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court of appeals independently reviewed the record and concluded that Moore did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that the district court's procedural ruling was debatable. Therefore, the court dismissed Moore's motion for a certificate of appealability and his appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6270

    FREDERICK JAMES MOORE,


    Petitioner Appellant,
    v.
    WARDEN JOHN WOLFE; THE ATTORNEY GENERAL OF THE STATE OF
    MARYLAND,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    William D. Quarles, Jr., District
    Judge. (1:11-cv-01014-WDQ)

    Submitted:

    July 1, 2014

    Decided:

    August 8, 2014

    Before MOTZ, SHEDD, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Julia Mara Kazaks, SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP,
    Palo Alto, California; Melissa Renee Middleton, Thomas Arthur
    Parnham, Jr., Donald Paul Salzman, SKADDEN, ARPS, SLATE, MEAGHER
    & FLOM, LLP, Washington, D.C., for Appellant. Edward John
    Kelley, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore,
    Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Frederick
    courts

    order

    petition.

    James

    denying

    Moore

    relief

    seeks

    on

    to

    his

    28

    appeal
    U.S.C.

    district

    2254

    (2012)

    The order is not appealable unless a circuit justice

    or judge issues a certificate of appealability.


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

    the

    absent

    A certificate of appealability will not

    substantial

    constitutional right.

    See 28 U.S.C.

    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 Moore has not made the requisite showing.
    deny

    Moores

    motion

    dismiss the appeal.


    facts

    and

    legal

    for

    certificate

    of

    Accordingly, we

    appealability

    and

    We dispense with oral argument because the

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.
    DISMISSED

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