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    Ronald Jenkins v. Leroy Cartledge, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Ronald Jenkins' appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The three-judge panel independently reviewed the record and concluded that Jenkins did not make the requisite showing to warrant a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Jenkins' appeal.

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    Ronald Jenkins v. Leroy Cartledge, 4th Cir. (2014)

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    17 views4 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Ronald Jenkins' appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The three-judge panel independently reviewed the record and concluded that Jenkins did not make the requisite showing to warrant a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Jenkins' appeal.

    Original Description:

    Filed: 2014-01-23 Precedential Status: Non-Precedential Docket: 13-7381

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Ronald Jenkins' appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The three-judge panel independently reviewed the record and concluded that Jenkins did not make the requisite showing to warrant a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Jenkins' appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    17 views4 pages

    Ronald Jenkins v. Leroy Cartledge, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Ronald Jenkins' appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The three-judge panel independently reviewed the record and concluded that Jenkins did not make the requisite showing to warrant a certificate of appealability, as he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismissed Jenkins' appeal.

    Copyright:

    Public Domain
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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7381

    RONALD JENKINS,
    Petitioner - Appellant,
    v.
    WARDEN LEROY CARTLEDGE,
    Respondent - Appellee,
    and
    ATTORNEY GENERAL ALAN WILSON,
    Respondent.

    Appeal from the United States District Court for the District of
    South Carolina, at Aiken.
    Joseph F. Anderson, Jr., District
    Judge. (1:12-cv-01245-JFA)

    Submitted:

    January 16, 2014

    Decided:

    January 23, 2014

    Before FLOYD and THACKER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Ronald Jenkins, Appellant Pro Se.


    Donald John Zelenka, Senior
    Assistant
    Attorney
    General,
    Melody
    Jane
    Brown,
    Assistant
    Attorney General, Columbia, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ronald Jenkins seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his 28 U.S.C. 2254 (2012) petition.

    The

    order is not appealable unless a circuit justice or judge issues


    a

    certificate

    (2012).

    of

    appealability.

    28

    U.S.C.

    2253(c)(1)(A)

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    28 U.S.C. 2253(c)(2) (2012).
    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 Jenkins 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

    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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