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    Matthew Harris v. Willie Eagleton, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Matthew S. Harris, a state prisoner. The district court had dismissed Harris's §2241 petition as an unauthorized successive §2254 petition and denied reconsideration. The Fourth Circuit denies Harris a certificate of appealability, finding he failed to make a substantial showing that he was denied a constitutional right. Without a certificate of appealability, the Fourth Circuit dismisses Harris's appeal.

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    Matthew Harris v. Willie Eagleton, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Matthew S. Harris, a state prisoner. The district court had dismissed Harris's §2241 petition as an unauthorized successive §2254 petition and denied reconsideration. The Fourth Circuit denies Harris a certificate of appealability, finding he failed to make a substantial showing that he was denied a constitutional right. Without a certificate of appealability, the Fourth Circuit dismisses Harris's appeal.

    Original Description:

    Filed: 2013-07-22 Precedential Status: Non-Precedential Docket: 13-6359

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Matthew S. Harris, a state prisoner. The district court had dismissed Harris's §2241 petition as an unauthorized successive §2254 petition and denied reconsideration. The Fourth Circuit denies Harris a certificate of appealability, finding he failed to make a substantial showing that he was denied a constitutional right. Without a certificate of appealability, the Fourth Circuit dismisses Harris's appeal.

    Copyright:

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

    Matthew Harris v. Willie Eagleton, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Matthew S. Harris, a state prisoner. The district court had dismissed Harris's §2241 petition as an unauthorized successive §2254 petition and denied reconsideration. The Fourth Circuit denies Harris a certificate of appealability, finding he failed to make a substantial showing that he was denied a constitutional right. Without a certificate of appealability, the Fourth Circuit dismisses Harris's appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6359

    MATTHEW S. HARRIS,
    Petitioner - Appellant,
    v.
    MR. WILLIE L. EAGLETON, Warden of
    Institution SCDC; SC ATTORNEY GENERAL,

    Evans

    Correctional

    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. David C. Norton, District Judge.
    (6:12-cv-03462-DCN)

    Submitted:

    July 18, 2013

    Decided: July 22, 2013

    Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Matthew S. Harris, Appellant Pro Se.


    Donald John Zelenka,
    Senior Assistant Attorney General, Columbia, South Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Matthew S. Harris, a state prisoner, seeks to appeal
    the district courts orders accepting the recommendation of the
    magistrate judge and dismissing his 28 U.S.C.A. 2241 (West
    2006 & Supp. 2013) petition as a successive 28 U.S.C. 2254
    (2006) petition, and denying reconsideration.
    not

    appealable

    unless

    circuit

    certificate of appealability.
    A

    certificate

    of

    justice

    The orders are

    or

    judge

    issues

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

    appealability

    will

    not

    issue

    absent

    substantial showing of the denial of a constitutional right.


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

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    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 Harris has not made the requisite showing.
    States

    v.

    Winestock,

    340

    F.3d
    2

    200,

    208

    (4th

    See United
    Cir.

    2003).

    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

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.

    DISMISSED

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