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    Timothy Wayne Wilbanks v. William Byars, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Timothy Wayne Wilbanks' appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The appeals court found that Wilbanks did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that both the procedural ruling and his petition state a debatable claim of a denial of a constitutional right. Therefore, the appeals court denied a certificate of appealability, leave to proceed in forma pauperis, and dismissed the appeal.

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    Timothy Wayne Wilbanks v. William Byars, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Timothy Wayne Wilbanks' appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The appeals court found that Wilbanks did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that both the procedural ruling and his petition state a debatable claim of a denial of a constitutional right. Therefore, the appeals court denied a certificate of appealability, leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2013-03-01 Precedential Status: Non-Precedential Docket: 12-8153

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Timothy Wayne Wilbanks' appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The appeals court found that Wilbanks did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that both the procedural ruling and his petition state a debatable claim of a denial of a constitutional right. Therefore, the appeals court denied a certificate of appealability, leave to proceed in forma pauperis, and dismissed the appeal.

    Copyright:

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

    Timothy Wayne Wilbanks v. William Byars, 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 Timothy Wayne Wilbanks' appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The appeals court found that Wilbanks did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would debate the district court's assessment of his constitutional claims or that both the procedural ruling and his petition state a debatable claim of a denial of a constitutional right. Therefore, the appeals court denied a certificate of appealability, leave to proceed in forma pauperis, and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-8153

    TIMOTHY WAYNE WILBANKS,


    Petitioner - Appellant,
    v.
    WILLIAM R. BYARS, Dir SCDC; RICKY CHASTAIN, Sheriff Laurens
    Co,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Mary G. Lewis, District Judge.
    (4:11-cv-02675-MGL)

    Submitted:

    February 26, 2013

    Decided: March 1, 2013

    Before MOTZ, WYNN, and DIAZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Timothy Wayne Wilbanks, Appellant Pro Se. Donald John Zelenka,


    Senior Assistant Attorney General, Brendan McDonald, OFFICE OF
    THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South
    Carolina; Russell W. Harter, Jr., CHAPMAN, HARTER & HARTER, PA,
    Greenville, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Timothy Wayne Wilbanks seeks to appeal the district
    courts
    judge

    order
    and

    petition.
    or

    judge

    accepting

    denying

    relief

    recommendation

    on

    his

    28

    of

    U.S.C.

    the

    magistrate

    2254

    (2006)

    The order is not appealable unless a circuit justice


    issues

    certificate

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

    the

    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.

    Slack,

    529 U.S. at 484-85.


    We have independently reviewed the record and conclude
    that Wilbanks has not made the requisite showing.

    Accordingly,

    we deny a certificate of appealability, deny leave to proceed in


    forma pauperis, and dismiss the appeal.

    We dispense with oral

    argument because the facts and legal contentions are adequately


    2

    presented in the materials before this court and argument would


    not aid the decisional process.

    DISMISSED

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