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    McCray v. Johnson, 4th Cir. (2007)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Ronald McCray's appeal of the district court's dismissal of his habeas corpus petition as untimely. The appeals court finds that McCray did not make the requisite showing to warrant 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, or that its procedural ruling was debatable. Therefore, the court dismisses McCray's appeal.

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    McCray v. Johnson, 4th Cir. (2007)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Ronald McCray's appeal of the district court's dismissal of his habeas corpus petition as untimely. The appeals court finds that McCray did not make the requisite showing to warrant 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, or that its procedural ruling was debatable. Therefore, the court dismisses McCray's appeal.

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    Filed: 2007-12-21 Precedential Status: Non-Precedential Docket: 07-7473

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Ronald McCray's appeal of the district court's dismissal of his habeas corpus petition as untimely. The appeals court finds that McCray did not make the requisite showing to warrant 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, or that its procedural ruling was debatable. Therefore, the court dismisses McCray's appeal.

    Copyright:

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

    McCray v. Johnson, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Ronald McCray's appeal of the district court's dismissal of his habeas corpus petition as untimely. The appeals court finds that McCray did not make the requisite showing to warrant 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, or that its procedural ruling was debatable. Therefore, the court dismisses McCray's appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7473

    RONALD E. MCCRAY,
    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director
    Department of Corrections,

    of

    the

    Virginia
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Jerome B. Friedman, District
    Judge. (2:06-cv-00728-JBF)

    Submitted:

    December 13, 2007

    Decided:

    December 21, 2007

    Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Ronald E. McCray, Appellant Pro Se. Virginia Bidwell Theisen,


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

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ronald E. McCray seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    dismissing as untimely 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)

    demonstrating

    (2000).
    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 McCray 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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