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    Wright v. Johnson, 4th Cir. (2008)

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    Winfred Douglas Wright appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Wright did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, Wright did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable. The Fourth Circuit therefore denied a certificate of appealability, denied Wright in forma pauperis status, and dismissed the appeal.

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    Wright v. Johnson, 4th Cir. (2008)

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    Winfred Douglas Wright appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Wright did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, Wright did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable. The Fourth Circuit therefore denied a certificate of appealability, denied Wright in forma pauperis status, and dismissed the appeal.

    Original Description:

    Filed: 2008-02-27 Precedential Status: Non-Precedential Docket: 07-7092

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    Winfred Douglas Wright appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Wright did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, Wright did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable. The Fourth Circuit therefore denied a certificate of appealability, denied Wright in forma pauperis status, and dismissed the appeal.

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    Public Domain
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    4 views2 pages

    Wright v. Johnson, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    Winfred Douglas Wright appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals dismissed the appeal, finding that Wright did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, Wright did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable. The Fourth Circuit therefore denied a certificate of appealability, denied Wright in forma pauperis status, and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7092

    WINFRED DOUGLAS WRIGHT,


    Petitioner - Appellant,
    versus
    GENE JOHNSON, Director, Virginia Department of
    Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Walter D. Kelley, Jr., District
    Judge. (2:06-cv-00694-WDK)

    Submitted:

    January 24, 2008

    Decided:

    February 27, 2008

    Before NIEMEYER, TRAXLER, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Winfred Douglas Wright, Appellant Pro Se.


    Leah Ann Darron,
    Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Winfred Douglas Wright seeks to appeal the district
    courts order accepting the recommendation of the magistrate judge
    and denying relief on his 28 U.S.C. 2254 (2000) petition.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    28 U.S.C. 2253(c)(1) (2000).

    certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    (2000).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    any

    assessment of the constitutional claims by the district court is


    debatable or wrong and that any dispositive procedural ruling by
    the district court is likewise debatable.

    Miller-El v. Cockrell,

    537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484
    (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

    We have

    independently reviewed the record and conclude that Wright 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


    the court and argument would not aid the decisional process.

    DISMISSED

    - 2 -

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