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    Cook v. Commonwealth of VA, 4th Cir. (2004)

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    This document is a court ruling dismissing an appeal from a prisoner seeking habeas corpus relief under 28 U.S.C. § 2254. The district court had dismissed the prisoner's petition without prejudice for failing to comply with a court order. The appeals court denies a certificate of appealability and dismisses the appeal, finding the prisoner did not make the requisite showing of a denial of a constitutional right.

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    Cook v. Commonwealth of VA, 4th Cir. (2004)

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    This document is a court ruling dismissing an appeal from a prisoner seeking habeas corpus relief under 28 U.S.C. § 2254. The district court had dismissed the prisoner's petition without prejudice for failing to comply with a court order. The appeals court denies a certificate of appealability and dismisses the appeal, finding the prisoner did not make the requisite showing of a denial of a constitutional right.

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    Filed: 2004-07-23 Precedential Status: Non-Precedential Docket: 04-6785

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    This document is a court ruling dismissing an appeal from a prisoner seeking habeas corpus relief under 28 U.S.C. § 2254. The district court had dismissed the prisoner's petition without prejudice for failing to comply with a court order. The appeals court denies a certificate of appealability and dismisses the appeal, finding the prisoner did not make the requisite showing of a denial of a constitutional right.

    Copyright:

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

    Cook v. Commonwealth of VA, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is a court ruling dismissing an appeal from a prisoner seeking habeas corpus relief under 28 U.S.C. § 2254. The district court had dismissed the prisoner's petition without prejudice for failing to comply with a court order. The appeals court denies a certificate of appealability and dismisses the appeal, finding the prisoner did not make the requisite showing of a denial of a constitutional right.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6785

    DARRELL W. COOK, JR.,


    Petitioner - Apellant,
    versus
    COMMONWEALTH OF VIRGINIA,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    Henry E. Hudson, District
    Judge. (CA-04-84-3)

    Submitted:

    July 15, 2004

    Decided:

    July 23, 2004

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Darrell W. Cook, Jr., Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Darrell W. Cook, Jr., a Virginia prisoner, seeks to
    appeal the district courts order dismissing his petition filed
    under 28 U.S.C. 2254 (2000) without prejudice for failure to
    comply with a previous court order.

    An appeal may not be taken

    from the final order in a 2254 proceeding 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 absent a substantial
    showing of the denial of a constitutional right.

    2253(c)(2)

    (2000).

    prisoner

    satisfies

    this

    28 U.S.C.
    standard

    by

    demonstrating that reasonable jurists would find both 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, 336 (2003);

    Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
    676, 683 (4th Cir. 2001).

    We have independently reviewed the

    record and conclude that Cook has not made the requisite showing.
    Accordingly, we deny a certificate of appealability and dismiss the
    appeal.

    We also deny his pending motion for bail pending appeal,

    his motion for fast and speedy trial, and his motion to vacate
    judgment or grant a new trial.

    We dispense with oral argument

    because the facts and legal contentions are adequately presented in

    - 2 -

    the materials before the court and argument would not aid the
    decisional process.

    DISMISSED

    - 3 -

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