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    Hunt v. Robinson, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Raheem Jabbar Hunt of a district court's denial of his petition for habeas corpus relief under 28 U.S.C. §2254. The appeals court finds that Hunt did not make a substantial showing that he was denied a constitutional right or show that reasonable jurists would debate whether his petition stated a valid constitutional claim or the correctness of the district court's procedural ruling. Therefore, the appeals court denies a certificate of appealability and dismisses the appeal.

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    Hunt v. Robinson, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Raheem Jabbar Hunt of a district court's denial of his petition for habeas corpus relief under 28 U.S.C. §2254. The appeals court finds that Hunt did not make a substantial showing that he was denied a constitutional right or show that reasonable jurists would debate whether his petition stated a valid constitutional claim or the correctness of the district court's procedural ruling. Therefore, the appeals court denies a certificate of appealability and dismisses the appeal.

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    Filed: 2002-11-15 Precedential Status: Non-Precedential Docket: 02-7308

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Raheem Jabbar Hunt of a district court's denial of his petition for habeas corpus relief under 28 U.S.C. §2254. The appeals court finds that Hunt did not make a substantial showing that he was denied a constitutional right or show that reasonable jurists would debate whether his petition stated a valid constitutional claim or the correctness of the district court's procedural ruling. Therefore, the appeals court denies a certificate of appealability and dismisses the appeal.

    Copyright:

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

    Hunt v. Robinson, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Raheem Jabbar Hunt of a district court's denial of his petition for habeas corpus relief under 28 U.S.C. §2254. The appeals court finds that Hunt did not make a substantial showing that he was denied a constitutional right or show that reasonable jurists would debate whether his petition stated a valid constitutional claim or the correctness of the district court's procedural ruling. Therefore, the appeals court denies a certificate of appealability and dismisses the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7308

    RAHEEM JABBAR HUNT,


    Petitioner - Appellant,
    versus
    DAVID ROBINSON, Warden, Nottoway Correctional
    Center,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. Richard L. Williams, Senior
    District Judge. (CA-01-802-3)

    Submitted:

    November 7, 2002

    Decided:

    November 15, 2002

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


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Kenneth Clay Chrisman, Richmond, Virginia, for Appellant. Robert


    H. Anderson, III, 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:
    Raheem Jabbar Hunt seeks to appeal the district courts order
    denying relief on his petition filed under 28 U.S.C. 2254 (2000).
    An appeal may not be taken to this court from the final order in a
    habeas corpus proceeding in which the detention complained of
    arises out of process issued by a state court unless a circuit
    justice or judge issues a certificate of appealability.

    28 U.S.C.

    2253(c)(1) (2000). A certificate of appealability will not issue


    for claims addressed by a district court on the merits absent a
    substantial showing of the denial of a constitutional right.
    U.S.C. 2253(c)(2) (2000).

    28

    As to claims dismissed by a district

    court 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. 2001) (quoting Slack v.
    McDaniel, 529 U.S. 473, 484 (2000)).

    We have reviewed the record

    and conclude for the reasons stated by the district court that Hunt
    has not satisfied either standard. See Hunt v. Robinson, No. CA-01802-3 (E.D. Va. Aug. 6, 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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