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    Dominic Derricotte v. Joseph McFadden, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit dismissed Dominic Derricotte's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court determined that Derricotte did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Derricotte's request for a certificate of appealability and dismissed his appeal without oral argument.

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    Dominic Derricotte v. Joseph McFadden, 4th Cir. (2014)

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    131 views3 pages
    The United States Court of Appeals for the Fourth Circuit dismissed Dominic Derricotte's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court determined that Derricotte did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Derricotte's request for a certificate of appealability and dismissed his appeal without oral argument.

    Original Description:

    Filed: 2014-12-19 Precedential Status: Non-Precedential Docket: 14-7218

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    The United States Court of Appeals for the Fourth Circuit dismissed Dominic Derricotte's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court determined that Derricotte did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Derricotte's request for a certificate of appealability and dismissed his appeal without oral argument.

    Copyright:

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

    Dominic Derricotte v. Joseph McFadden, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Dominic Derricotte's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court determined that Derricotte did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied Derricotte's request for a certificate of appealability and dismissed his appeal without oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7218

    DOMINIC M. DERRICOTTE,
    Petitioner Appellant,
    v.
    JOSEPH MCFADDEN, Warden of Lieber Correctional Institution,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Anderson.
    Terry L. Wooten, Chief District
    Judge. (8:13-cv-02202-TLW)

    Submitted:

    December 16, 2014

    Before DUNCAN
    Circuit Judge.

    and

    DIAZ,

    Circuit

    Decided:

    Judges,

    December 19, 2014

    and

    DAVIS,

    Senior

    Dismissed by unpublished per curiam opinion.

    Dominic M. Derricotte, Appellant Pro Se. Melody Jane Brown,


    Assistant
    Attorney
    General,
    Donald
    John
    Zelenka,
    Senior
    Assistant Attorney General, Columbia, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Dominic
    courts
    judge

    order
    and

    judge

    Derricotte

    accepting

    denying

    petition.
    or

    M.

    relief

    to

    appeal

    recommendation

    on

    his

    28

    of

    U.S.C.

    the

    the

    district

    magistrate

    2254

    (2012)

    The order is not appealable unless a circuit justice


    issues

    certificate

    2253(c)(1)(A) (2012).
    issue

    the

    seeks

    absent

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    of

    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

    Derricotte

    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


    2

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.

    DISMISSED

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