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    Jay Tate, Jr. v. Warden Eagleton, 4th Cir. (2012)

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    1) Jay Walter Tate Jr. appealed a district court order dismissing his habeas corpus petition as untimely. 2) A panel of the Fourth Circuit Court of Appeals reviewed the record and denied Tate a certificate of appealability, finding he had not shown that reasonable jurists would find the district court's ruling debatable or wrong. 3) As such, the Fourth Circuit dismissed Tate's appeal of the district court order that had dismissed his habeas petition as untimely.

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    Jay Tate, Jr. v. Warden Eagleton, 4th Cir. (2012)

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    1) Jay Walter Tate Jr. appealed a district court order dismissing his habeas corpus petition as untimely. 2) A panel of the Fourth Circuit Court of Appeals reviewed the record and denied Tate a certificate of appealability, finding he had not shown that reasonable jurists would find the district court's ruling debatable or wrong. 3) As such, the Fourth Circuit dismissed Tate's appeal of the district court order that had dismissed his habeas petition as untimely.

    Original Description:

    Filed: 2012-11-08 Precedential Status: Non-Precedential Docket: 12-7366

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    1) Jay Walter Tate Jr. appealed a district court order dismissing his habeas corpus petition as untimely. 2) A panel of the Fourth Circuit Court of Appeals reviewed the record and denied Tate a certificate of appealability, finding he had not shown that reasonable jurists would find the district court's ruling debatable or wrong. 3) As such, the Fourth Circuit dismissed Tate's appeal of the district court order that had dismissed his habeas petition as untimely.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    4 views3 pages

    Jay Tate, Jr. v. Warden Eagleton, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    1) Jay Walter Tate Jr. appealed a district court order dismissing his habeas corpus petition as untimely. 2) A panel of the Fourth Circuit Court of Appeals reviewed the record and denied Tate a certificate of appealability, finding he had not shown that reasonable jurists would find the district court's ruling debatable or wrong. 3) As such, the Fourth Circuit dismissed Tate's appeal of the district court order that had dismissed his habeas petition as untimely.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-7366

    JAY WALTER TATE, JR.,


    Petitioner Appellant,
    v.
    WARDEN EAGLETON,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill. Timothy M. Cain, District Judge.
    (0:11-cv-00332-TMC)

    Submitted:

    October 22, 2012

    Decided:

    November 8, 2012

    Before WYNN, FLOYD, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jay Walter Tate, Jr., Appellant Pro Se. Brendan McDonald, OFFICE
    OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Donald John Zelenka,
    Deputy Assistant Attorney General, Columbia, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jay Walter Tate, Jr., seeks to appeal the district
    courts

    order

    accepting

    the

    recommendation

    of

    the

    magistrate

    judge and dismissing as untimely his 28 U.S.C. 2254 (2006)


    petition.
    or

    judge

    The order is not appealable unless a circuit justice


    issues

    certificate

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

    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) (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.

    Slack,

    529 U.S. at 484-85.


    We have independently reviewed the record and conclude
    that Tate has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.
    DISMISSED

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