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

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    The United States Court of Appeals for the Fourth Circuit dismissed David L. Willis, Jr.'s appeal of a district court order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court concluded that Willis did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied the certificate of appealability and dismissed the appeal without oral argument.

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

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    The United States Court of Appeals for the Fourth Circuit dismissed David L. Willis, Jr.'s appeal of a district court order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court concluded that Willis did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied the certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2008-03-31 Precedential Status: Non-Precedential Docket: 08-6051

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    The United States Court of Appeals for the Fourth Circuit dismissed David L. Willis, Jr.'s appeal of a district court order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court concluded that Willis did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied the certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    10 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed David L. Willis, Jr.'s appeal of a district court order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court concluded that Willis did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the court denied the certificate of appealability and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-6051

    DAVID L. WILLIS, JR.,


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

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. Glen E. Conrad, District Judge.
    (7:07-cv-00241-GEC-MFU)

    Submitted:

    March 25, 2008

    Decided:

    March 31, 2008

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    David L. Willis, Jr., Appellant Pro Se. Alice T. Armstrong, OFFICE


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

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    David L. Willis, Jr., seeks to appeal the district
    courts order denying relief on his 28 U.S.C. 2254 (2000)
    petition.
    judge

    The order is not appealable unless a circuit justice or

    issues

    certificate

    of

    appealability.

    See

    28

    U.S.C.

    2253(c)(1) (2000). A certificate of appealability will not issue


    absent a substantial showing of the denial of a constitutional
    right.

    28 U.S.C. 2253(c)(2) (2000).

    A prisoner satisfies this

    standard by demonstrating that reasonable jurists would find that


    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.

    See

    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 Willis has
    not made the requisite showing. 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

    - 2 -

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