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    Vernon Harrison v. Stevenson, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Vernon Harrison's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Harrison did not make the requisite showing to obtain a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied a certificate of appealability and dismissed Harrison's appeal without oral argument.

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    Vernon Harrison v. Stevenson, 4th Cir. (2015)

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    The United States Court of Appeals for the Fourth Circuit dismissed Vernon Harrison's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Harrison did not make the requisite showing to obtain a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied a certificate of appealability and dismissed Harrison's appeal without oral argument.

    Original Description:

    Filed: 2015-01-27 Precedential Status: Non-Precedential Docket: 14-7522

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    The United States Court of Appeals for the Fourth Circuit dismissed Vernon Harrison's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Harrison did not make the requisite showing to obtain a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied a certificate of appealability and dismissed Harrison's appeal without oral argument.

    Copyright:

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

    Vernon Harrison v. Stevenson, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Vernon Harrison's appeal of the district court's denial of his petition for habeas corpus relief. The court concluded that Harrison did not make the requisite showing to obtain a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied a certificate of appealability and dismissed Harrison's appeal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7522

    VERNON HARRISON,
    Petitioner - Appellant,
    v.
    STEVENSON,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Terry L. Wooten, Chief District
    Judge. (4:13-cv-01004-TLW)

    Submitted:

    January 22, 2015

    Decided:

    January 27, 2015

    Before SHEDD, KEENAN, and DIAZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Vernon Harrison, Appellant Pro Se. Donald John Zelenka, Senior


    Assistant Attorney General, Alphonso Simon, Jr. Assistant
    Attorney General, Columbia, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Vernon Harrison seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his 28 U.S.C. 2254 (2012) petition, and its
    order

    denying

    relief

    on

    2254
    judge

    relief

    is

    not

    appealable

    issues

    certificate

    2253(c)(1)(A) (2012).
    issue

    absent

    reconsideration.

    of

    order

    circuit

    denying

    justice

    appealability.

    28

    or

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    unless

    An

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    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 Harrison has not made the requisite showing.

    Accordingly,

    we deny a certificate of appealability and dismiss the appeal.


    We

    dispense

    with

    oral

    argument
    2

    because

    the

    facts

    and

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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