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David Meyers v. Jeffery Newton, 4th Cir. (2014)

The United States Court of Appeals for the Fourth Circuit dismissed David Meyers' appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court issued a per curiam opinion stating that a certificate of appealability is required but would not be issued in this case because Meyers failed to demonstrate that reasonable jurists would find the district court's ruling debatable or wrong. The court therefore denied a certificate of appealability, denied Meyers in forma pauperis status, and dismissed the appeal.

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20 views3 pages

David Meyers v. Jeffery Newton, 4th Cir. (2014)

The United States Court of Appeals for the Fourth Circuit dismissed David Meyers' appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The court issued a per curiam opinion stating that a certificate of appealability is required but would not be issued in this case because Meyers failed to demonstrate that reasonable jurists would find the district court's ruling debatable or wrong. The court therefore denied a certificate of appealability, denied Meyers in forma pauperis status, and dismissed the appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 13-8041

DAVID MEYERS,
Petitioner - Appellant,
v.
JEFFERY L. NEWTON, Superintendent,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, District
Judge. (3:13-cv-00546-JRS)

Submitted:

March 27, 2014

Before MOTZ, Circuit


Circuit Judges.

Judge,

Decided:

and

HAMILTON

and

April 1, 2014

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

David Meyers, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
David

Meyers

seeks

to

appeal

the

district

courts

order denying relief on his 28 U.S.C. 2254 (2012) petition.


The order is not appealable unless a circuit justice or judge
issues

certificate

2253(c)(1)(A) (2012).
issue

absent

of

appealability.

U.S.C.

A certificate of appealability will not

substantial

constitutional right.

28

showing

of

the

denial

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

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 Meyers 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

presented in the materials before this court and argument would


not aid the decisional process.
DISMISSED

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