Blackwell v. South Carolina

Fourth Circuit

Blackwell v. South Carolina

107 F. App'x 377

CourtCourt of Appeals for the Fourth Circuit

DecidedAugust 30, 2004

Docket03-7684

StatusUnpublished

Cited by1 cases

This text of 107 F. App'x 377 (Blackwell v. South Carolina) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blackwell v. South Carolina, 107 F. App'x 377 (4th Cir. 2004).

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Opinion

PER CURIAM.

Larry Steven Blackwell seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2000) petition. By order filed February 18, 2004, this appeal was placed in abeyance for Jones v. Braxton, No. 03-6891. In view of our recent decision in Reid v. Angelone, 369 F.3d 363 (4th Cir.2004), we no longer find it necessary to hold this case in abeyance for Jones.

Blackwell cannot appeal from the district court’s order unless a circuit judge or justice issues a certificate of appealability, and 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) (2000). A habeas appellant meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 326, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude Blackwell 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 the court and argument would not aid the decisional process.

DISMISSED

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PER CURIAM.

Larry Steven Blackwell seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2254 (2000) petition. By order filed February 18, 2004, this appeal was placed in abeyance for Jones v. Braxton, No. 03-6891. In view of our recent decision in Reid v. Angelone, 369 F.3d 363 (4th Cir.2004), we no longer find it necessary to hold this case in abeyance for Jones.

Blackwell cannot appeal from the district court’s order unless a circuit judge or justice issues a certificate of appealability, and 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) (2000). A habeas appellant meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 326, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude Blackwell 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 the court and argument would not aid the decisional process.

DISMISSED

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107 F. App'x 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackwell-v-south-carolina-ca4-2004.

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