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    Sidney Hoffman v. James Vaughn, 4th Cir. (2015)

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    Sidney Hoffman appealed the district court's denial of his 28 U.S.C. § 2254 petition. The United States Court of Appeals for the Fourth Circuit independently reviewed the record and concluded that Hoffman did not make the requisite showing to obtain a certificate of appealability. Specifically, Hoffman did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the Fourth Circuit denied Hoffman's request for a certificate of appealability and dismissed his appeal.

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    Sidney Hoffman v. James Vaughn, 4th Cir. (2015)

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    Sidney Hoffman appealed the district court's denial of his 28 U.S.C. § 2254 petition. The United States Court of Appeals for the Fourth Circuit independently reviewed the record and concluded that Hoffman did not make the requisite showing to obtain a certificate of appealability. Specifically, Hoffman did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the Fourth Circuit denied Hoffman's request for a certificate of appealability and dismissed his appeal.

    Original Description:

    Filed: 2015-04-28 Precedential Status: Non-Precedential Docket: 14-7784

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    Sidney Hoffman appealed the district court's denial of his 28 U.S.C. § 2254 petition. The United States Court of Appeals for the Fourth Circuit independently reviewed the record and concluded that Hoffman did not make the requisite showing to obtain a certificate of appealability. Specifically, Hoffman did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the Fourth Circuit denied Hoffman's request for a certificate of appealability and dismissed his appeal.

    Copyright:

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

    Sidney Hoffman v. James Vaughn, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    Sidney Hoffman appealed the district court's denial of his 28 U.S.C. § 2254 petition. The United States Court of Appeals for the Fourth Circuit independently reviewed the record and concluded that Hoffman did not make the requisite showing to obtain a certificate of appealability. Specifically, Hoffman did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As a result, the Fourth Circuit denied Hoffman's request for a certificate of appealability and dismissed his appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7784

    SIDNEY N. HOFFMAN,
    Plaintiff - Appellant,
    v.
    JAMES
    VAUGHN,
    Institution,

    Superintendent,

    Caledonia

    Correctional

    Defendant - Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Statesville.
    Frank D. Whitney,
    Chief District Judge. (5:14-cv-00146-FDW)

    Submitted:

    April 23, 2015

    Decided:

    April 28, 2015

    Before SHEDD, DUNCAN, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Sidney N. Hoffman, Appellant Pro Se.


    Clarence Joe DelForge,
    III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Sidney

    N.

    Hoffman

    seeks

    to

    appeal

    the

    district

    courts

    order denying relief on his 28 U.S.C. 2254 (2012) petition.


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

    certificate

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

    absent

    of

    appealability.

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    28

    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
    Hoffman 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

    this court and argument would not aid the decisional process.

    DISMISSED

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