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    Clyde Whitley v. William Scism, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case in which Clyde Kirby Whitley sought an appeal of a district court order denying relief on his 28 U.S.C. § 2254 petition. The appeals court independently reviewed the record and determined that Whitley did not make the requisite showing to merit a certificate of appealability. As such, the court dismissed Whitley's appeal and also denied his requests to file the petition under seal and for clarification.

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    Clyde Whitley v. William Scism, 4th Cir. (2011)

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    This document summarizes a United States Court of Appeals case in which Clyde Kirby Whitley sought an appeal of a district court order denying relief on his 28 U.S.C. § 2254 petition. The appeals court independently reviewed the record and determined that Whitley did not make the requisite showing to merit a certificate of appealability. As such, the court dismissed Whitley's appeal and also denied his requests to file the petition under seal and for clarification.

    Original Description:

    Filed: 2011-11-17 Precedential Status: Non-Precedential Docket: 11-6837

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    This document summarizes a United States Court of Appeals case in which Clyde Kirby Whitley sought an appeal of a district court order denying relief on his 28 U.S.C. § 2254 petition. The appeals court independently reviewed the record and determined that Whitley did not make the requisite showing to merit a certificate of appealability. As such, the court dismissed Whitley's appeal and also denied his requests to file the petition under seal and for clarification.

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    2 views3 pages

    Clyde Whitley v. William Scism, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Clyde Kirby Whitley sought an appeal of a district court order denying relief on his 28 U.S.C. § 2254 petition. The appeals court independently reviewed the record and determined that Whitley did not make the requisite showing to merit a certificate of appealability. As such, the court dismissed Whitley's appeal and also denied his requests to file the petition under seal and for clarification.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-6837

    CLYDE KIRBY WHITLEY,


    Petitioner Appellant,
    v.
    WILLIAM A. SCISM, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:10-hc-02090-BO)

    Submitted:

    November 15, 2011

    Decided:

    November 17, 2011

    Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Clyde Kirby Whitley, Appellant Pro Se. Mary Carla Hollis,


    Assistant
    Attorney
    General,
    Raleigh,
    North
    Carolina,
    for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Clyde
    courts

    order

    petition.

    Kirby

    Whitley

    denying

    relief

    seeks
    on

    appeal

    28

    U.S.C.

    his

    to

    district

    2254

    (2006)

    The order is not appealable unless a circuit justice

    or judge issues a certificate of appealability.


    2253(c)(1)(A) (2006).
    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) (2006).

    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.
    529 U.S. at 484-85.

    Slack,

    We have independently reviewed the record

    and conclude that Whitley has not made the requisite showing.
    Accordingly, we deny a certificate of appealability and dismiss
    the

    appeal.

    We

    also

    deny

    Whitleys

    requests

    petition under seal and for clarification.


    oral

    argument

    because

    the

    facts

    and

    legal

    to

    file

    the

    We dispense with
    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    the

    court

    and

    argument would not aid the decisional process.

    DISMISSED

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