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Davis v. Angelone, 4th Cir. (2003)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jermaine Davis, a Virginia prisoner. The district court had denied Davis' petition for habeas corpus relief under 28 U.S.C. § 2254. The appeals court will not issue a certificate of appealability, which is required to appeal the denial of habeas relief, because Davis did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Therefore, the appeals court dismisses Davis' appeal.

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27 views2 pages

Davis v. Angelone, 4th Cir. (2003)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jermaine Davis, a Virginia prisoner. The district court had denied Davis' petition for habeas corpus relief under 28 U.S.C. § 2254. The appeals court will not issue a certificate of appealability, which is required to appeal the denial of habeas relief, because Davis did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. Therefore, the appeals court dismisses Davis' appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 02-7393

JERMAINE S. DAVIS,
Plaintiff - Appellant,
versus
RONALD ANGELONE, Director,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, District
Judge. (CA-01-100-AM)

Submitted:

January 29, 2003

Decided:

February 12, 2003

Before MICHAEL and TRAXLER, Circuit Judges, and HAMILTON, Senior


Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jermaine S. Davis, Appellant Pro Se. Donald Eldridge Jeffrey, III,


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

Unpublished opinions are not binding precedent in this circuit.


See Local Rule 36(c).

PER CURIAM:
Jermaine S. Davis, a Virginia prisoner, seeks to appeal the
district courts order denying relief on his petition filed under
28 U.S.C. 2254 (2000).

An appeal may not be taken from the final

order in a habeas corpus proceeding unless a circuit justice or


judge issues a certificate of appealability. 28 U.S.C. 2253(c)(1)
(2000). When, as here, a district court dismisses a 2254 petition
solely on procedural grounds, a certificate of appealability will
not issue unless the petitioner can demonstrate both (1) that
jurists of reason would find it debatable whether the petition
states a valid claim of the denial of a constitutional right and
(2) that jurists of reason would find it debatable whether the
district court was correct in its procedural ruling.

Rose v.

Lee, 252 F.3d 676, 684 (4th Cir.) (quoting Slack v. McDaniel, 529
U.S. 473, 484 (2000)), cert. denied, 534 U.S. 941 (2001).

We have

reviewed the record and conclude for the reasons stated by the
district court that Davis has not made the requisite showing.
Davis

v.

Angelone,

No.

CA-01-100-AM

(E.D.

Va.

May

7,

See

2002).

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

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