[go: up one dir, main page]
Scribd
Upload
8 views3 pages

Parker Pendry v. William Fox, 4th Cir. (2012)

This document summarizes a court case in which Parker Pendry appealed the dismissal of his habeas corpus petition. The district court had dismissed the petition as untimely. The appeals court reviewed the case and concluded that Pendry did not make the required showing to justify issuing a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the appeals court denied the certificate, denied in forma pauperis status, and dismissed the appeal.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
8 views3 pages

Parker Pendry v. William Fox, 4th Cir. (2012)

This document summarizes a court case in which Parker Pendry appealed the dismissal of his habeas corpus petition. The district court had dismissed the petition as untimely. The appeals court reviewed the case and concluded that Pendry did not make the required showing to justify issuing a certificate of appealability. Specifically, he did not demonstrate that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the appeals court denied the certificate, denied in forma pauperis status, and dismissed the appeal.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
You are on page 1/ 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 11-7215

PARKER PENDRY,
Petitioner - Appellant,
v.
WILLIAM FOX, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:10-cv-00070)

Submitted:

February 16, 2012

Decided:

February 22, 2012

Before SHEDD, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Parker Pendry, Appellant Pro Se. Silas B. Taylor, OFFICE OF THE


ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Parker

Pendry

seeks

to

appeal

the

district

courts

order accepting the recommendation of the magistrate judge and


dismissing as untimely his 28 U.S.C. 2254 (2006) petition.
The order is not appealable unless a circuit justice or judge
issues

certificate

2253(c)(1)(A) (2006).
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) (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 Pendry 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 the court and argument would
not aid the decisional process.
DISMISSED

You might also like