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    McBrayer v. Johnson, 4th Cir. (2010)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Randall McBrayer v. Gene M. Johnson, Director of VDOC. The court dismissed McBrayer's appeal of the magistrate judge's order that dismissed his habeas corpus petition under 28 U.S.C. § 2254 as untimely. The court concluded that McBrayer 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 ruling debatable or wrong. Accordingly, the court denied a certificate of appealability and dismissed the appeal.

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    McBrayer v. Johnson, 4th Cir. (2010)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Randall McBrayer v. Gene M. Johnson, Director of VDOC. The court dismissed McBrayer's appeal of the magistrate judge's order that dismissed his habeas corpus petition under 28 U.S.C. § 2254 as untimely. The court concluded that McBrayer 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 ruling debatable or wrong. Accordingly, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2010-08-02 Precedential Status: Non-Precedential Docket: 10-6517

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Randall McBrayer v. Gene M. Johnson, Director of VDOC. The court dismissed McBrayer's appeal of the magistrate judge's order that dismissed his habeas corpus petition under 28 U.S.C. § 2254 as untimely. The court concluded that McBrayer 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 ruling debatable or wrong. Accordingly, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

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

    McBrayer v. Johnson, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Randall McBrayer v. Gene M. Johnson, Director of VDOC. The court dismissed McBrayer's appeal of the magistrate judge's order that dismissed his habeas corpus petition under 28 U.S.C. § 2254 as untimely. The court concluded that McBrayer 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 ruling debatable or wrong. Accordingly, the court denied a certificate of appealability and dismissed the appeal.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6517

    RANDALL MCBRAYER,
    Petitioner Appellant,
    v.
    GENE M. JOHNSON, Director of VDOC,
    Respondent Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. M. Hannah Lauck, Magistrate
    Judge. (3:09-cv-00411-MHL)

    Submitted:

    July 22, 2010

    Decided:

    August 2, 2010

    Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Randall McBrayer, Appellant Pro Se.


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

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Randall

    McBrayer

    seeks

    to

    appeal

    the

    magistrate

    judges order dismissing as untimely his 28 U.S.C. 2254 (2006)


    petition. *
    or

    judge

    The order is not appealable unless a circuit justice


    issues

    certificate

    2253(c)(1) (2006).
    issue

    absent

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    of

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2006).

    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.
    529 U.S. at 484-85.

    Slack,

    We have independently reviewed the record

    and conclude that McBrayer 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

    The parties consented to the exercise of jurisdiction by


    the magistrate judge pursuant to 28 U.S.C. 636(c) (2006).

    and legal contentions are adequately presented in the materials


    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.
    DISMISSED

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