Scribd Logo
Upload

Welcome to Scribd!

  • 6 views

    Gathers v. Eagleton, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document is a 3-paragraph unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Johnnie Gathers, a state prisoner, seeking to appeal the district court's denial of his 28 U.S.C. § 2241 petition. The court concludes that Gathers has not made a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As such, the court denies Gathers' motion for release, denies a certificate of appealability, and dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    Gathers v. Eagleton, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    6 views2 pages
    This document is a 3-paragraph unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Johnnie Gathers, a state prisoner, seeking to appeal the district court's denial of his 28 U.S.C. § 2241 petition. The court concludes that Gathers has not made a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As such, the court denies Gathers' motion for release, denies a certificate of appealability, and dismisses the appeal.

    Original Description:

    Filed: 2009-10-22 Precedential Status: Non-Precedential Docket: 09-7533

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is a 3-paragraph unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Johnnie Gathers, a state prisoner, seeking to appeal the district court's denial of his 28 U.S.C. § 2241 petition. The court concludes that Gathers has not made a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As such, the court denies Gathers' motion for release, denies a certificate of appealability, and dismisses the appeal.

    Copyright:

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

    Gathers v. Eagleton, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document is a 3-paragraph unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Johnnie Gathers, a state prisoner, seeking to appeal the district court's denial of his 28 U.S.C. § 2241 petition. The court concludes that Gathers has not made a substantial showing of the denial of a constitutional right as required to issue a certificate of appealability. As such, the court denies Gathers' motion for release, denies a certificate of appealability, and dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-7533

    JOHNNIE GATHERS,
    Petitioner - Appellant,
    v.
    WILLIE EAGLETON, Warden,
    HENRY DARGAN MCMASTER,

    Evans

    Correctional

    Institution;

    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.
    Henry M. Herlong, Jr., Senior
    District Judge. (9:08-cv-03987-HMH)

    Submitted:

    October 15, 2009

    Decided:

    October 22, 2009

    Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Johnnie Gathers, Appellant Pro Se. Roy F. Laney, Heath McAlvin


    Stewart, III, RILEY, POPE & LANEY, LLC, Columbia, South
    Carolina;
    Donald
    John Zelenka,
    Deputy
    Assistant
    Attorney
    General, Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Johnnie Gathers, a state prisoner, seeks to appeal the
    district

    courts

    order

    accepting

    the

    recommendation

    of

    the

    magistrate judge and denying relief on his 28 U.S.C. 2241


    (2006) petition.

    The order is not appealable unless a circuit

    justice

    issues

    or

    judge

    certificate

    U.S.C. 2253(c)(1) (2006).


    not

    issue

    absent

    constitutional
    prisoner
    reasonable

    satisfies
    jurists

    constitutional

    28

    this
    would

    claims

    by

    appealability.

    28

    A certificate of appealability will

    substantial

    right.

    of

    showing

    U.S.C.

    the

    the

    2253(c)(2)

    standard
    find

    of

    that

    district

    by

    denial
    (2006).

    demonstrating

    any

    assessment

    court

    is

    of

    a
    A

    that

    of

    debatable

    the
    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 Gathers has


    not made the requisite showing.

    Accordingly, we deny Gathers

    motion for release, deny a certificate of appealability, and


    dismiss the appeal.
    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    DISMISSED
    2

    You might also like