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    Gerald Barbaris v. Edsel Taylor, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gerald Patrick Barbaris's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court concludes that Barbaris has not made a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Accordingly, the court dismisses the appeal without oral argument.

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    Gerald Barbaris v. Edsel Taylor, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gerald Patrick Barbaris's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court concludes that Barbaris has not made a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Accordingly, the court dismisses the appeal without oral argument.

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    Filed: 2013-04-30 Precedential Status: Non-Precedential Docket: 13-6018

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gerald Patrick Barbaris's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court concludes that Barbaris has not made a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Accordingly, the court dismisses the appeal without oral argument.

    Copyright:

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

    Gerald Barbaris v. Edsel Taylor, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gerald Patrick Barbaris's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The court concludes that Barbaris has not made a substantial showing that he was denied a constitutional right, as required for a certificate of appealability. Accordingly, the court dismisses the appeal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6018

    GERALD PATRICK BARBARIS,


    Petitioner - Appellant,
    v.
    EDSEL T. TAYLOR, Warden, McDougall Correctional Institution,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Cameron McGowan Currie, District
    Judge. (4:12-cv-00229-CMC)

    Submitted:

    April 25, 2013

    Before AGEE and


    Circuit Judge.

    WYNN,

    Circuit

    Decided: April 30, 2013

    Judges,

    and

    HAMILTON,

    Senior

    Dismissed by unpublished per curiam opinion.

    Gerald Patrick Barbaris, Appellant Pro Se. Donald John Zelenka,


    Senior Assistant Attorney General, Columbia, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Gerald Patrick Barbaris seeks to appeal the district
    courts

    order

    accepting

    the

    recommendation

    of

    the

    magistrate

    judge and dismissing his 28 U.S.C. 2254 (2006) petition.

    The

    order is not appealable unless a circuit justice or judge issues


    a

    certificate

    (2006).

    of

    appealability.

    28

    U.S.C.

    2253(c)(1)(A)

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    28 U.S.C. 2253(c)(2) (2006).
    relief

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    Slack

    satisfies

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    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 and dismiss the appeal.


    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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