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    Gerald Barbaris v. Edsel Taylor, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit dismissed Gerald Barbaris' appeal of the district court's orders dismissing his 28 U.S.C. § 2254 habeas corpus petition as successive and denying his motion for reconsideration. The court issued an unpublished opinion finding that Barbaris did not make the requisite showing that reasonable jurists would find the district court's rulings debatable or wrong, and therefore denied a certificate of appealability.

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    Gerald Barbaris v. Edsel Taylor, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit dismissed Gerald Barbaris' appeal of the district court's orders dismissing his 28 U.S.C. § 2254 habeas corpus petition as successive and denying his motion for reconsideration. The court issued an unpublished opinion finding that Barbaris did not make the requisite showing that reasonable jurists would find the district court's rulings debatable or wrong, and therefore denied a certificate of appealability.

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    Filed: 2014-12-18 Precedential Status: Non-Precedential Docket: 14-7350

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    The United States Court of Appeals for the Fourth Circuit dismissed Gerald Barbaris' appeal of the district court's orders dismissing his 28 U.S.C. § 2254 habeas corpus petition as successive and denying his motion for reconsideration. The court issued an unpublished opinion finding that Barbaris did not make the requisite showing that reasonable jurists would find the district court's rulings debatable or wrong, and therefore denied a certificate of appealability.

    Copyright:

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

    Gerald Barbaris v. Edsel Taylor, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Gerald Barbaris' appeal of the district court's orders dismissing his 28 U.S.C. § 2254 habeas corpus petition as successive and denying his motion for reconsideration. The court issued an unpublished opinion finding that Barbaris did not make the requisite showing that reasonable jurists would find the district court's rulings debatable or wrong, and therefore denied a certificate of appealability.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7350

    GERALD PATRICK BARBARIS,


    Petitioner - Appellant,
    v.
    EDSEL TAYLOR, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Timothy M. Cain, District Judge.
    (4:14-cv-00003-TMC)

    Submitted:

    December 3, 2014

    Before AGEE and


    Circuit Judge.

    WYNN,

    Circuit

    Decided:

    Judges,

    and

    December 18, 2014

    HAMILTON,

    Senior

    Dismissed by unpublished per curiam opinion.

    Gerald Patrick Barbaris, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Gerald Patrick Barbaris seeks to appeal the district
    courts orders accepting the recommendation of the magistrate
    judge and dismissing his 28 U.S.C. 2254 (2012) petition as
    successive, and denying his motion for reconsideration.
    The orders are not appealable unless a circuit justice
    or judge issues a certificate of appealability.
    2253(c)(1)(A) (2012).
    issue

    absent

    A certificate of appealability will not

    substantial

    constitutional right.

    See 28 U.S.C.

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    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 Barbaris has not made the requisite showing.

    Accordingly,

    we deny a certificate of appealability, deny leave to proceed in


    forma pauperis, and dismiss the appeal.
    2

    We dispense with oral

    argument because the facts and legal contentions are adequately


    presented in the materials before this court and argument would
    not aid the decisional process.
    DISMISSED

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