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    Broadnax v. Angelone, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Anthony Broadnax's appeal of the district court's denial of his petition for a writ of habeas corpus. The appeals court found that Broadnax did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. As a result, the appeals court denied a certificate of appealability and dismissed Broadnax's appeal without oral argument.

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    Broadnax v. Angelone, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Anthony Broadnax's appeal of the district court's denial of his petition for a writ of habeas corpus. The appeals court found that Broadnax did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. As a result, the appeals court denied a certificate of appealability and dismissed Broadnax's appeal without oral argument.

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    Filed: 2003-01-06 Precedential Status: Non-Precedential Docket: 02-7466

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Anthony Broadnax's appeal of the district court's denial of his petition for a writ of habeas corpus. The appeals court found that Broadnax did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. As a result, the appeals court denied a certificate of appealability and dismissed Broadnax's appeal without oral argument.

    Copyright:

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

    Broadnax v. Angelone, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Anthony Broadnax's appeal of the district court's denial of his petition for a writ of habeas corpus. The appeals court found that Broadnax did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find it debatable whether his petition stated a valid constitutional claim or whether the district court's procedural ruling was correct. As a result, the appeals court denied a certificate of appealability and dismissed Broadnax's appeal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7466

    ANTHONY T. BROADNAX,
    Petitioner - Appellant,
    versus
    RONALD J. ANGELONE, Director of the Virginia
    Department of Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
    (CA-02-158-2)

    Submitted:

    December 19, 2002

    Decided:

    January 6, 2003

    Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Anthony T. Broadnax, Appellant Pro Se. Mary Kathleen Beatty Martin,


    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Anthony T. Broadnax, a state prisoner, seeks to appeal the
    district courts order adopting the report and recommendation of
    the magistrate judge and denying relief on Broadnaxs petition
    filed under 28 U.S.C. 2254 (2000).

    An appeal may not be taken

    from the final order in a habeas corpus proceeding unless a circuit


    justice or judge issues a certificate of appealability.
    2253(c)(1) (2000).

    28 U.S.C.

    When, as here, a district court dismisses a

    2254 petition solely on procedural grounds, a certificate of


    appealability will not issue unless the petitioner can demonstrate
    both (1) that jurists of reason would find it debatable whether
    the petition states a valid claim of the denial of a constitutional
    right and (2) that jurists of reason would find it debatable
    whether the district court was correct in its procedural ruling.
    Rose v. Lee, 252 F.3d 676, 684 (4th Cir.) (quoting Slack v.
    McDaniel, 529 U.S. 473, 484 (2000)), cert. denied, 122 S. Ct. 318
    (2001).

    We have reviewed the record and conclude for the reasons

    stated by the district court that Broadnax has not made the
    requisite showing. See Broadnax v. Angelone, No. CA-02-158-2 (E.D.
    Va. Sept. 19, 2002).

    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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