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    Hugo Jones v. Harold Clarke, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Hugo Romare Jones's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court had accepted the magistrate judge's recommendation to deny Jones's petition. The appeals court determined that Jones had not made a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court denied Jones a certificate of appealability, denied him leave to proceed in forma pauperis, and dismissed his appeal.

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    Hugo Jones v. Harold Clarke, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Hugo Romare Jones's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court had accepted the magistrate judge's recommendation to deny Jones's petition. The appeals court determined that Jones had not made a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court denied Jones a certificate of appealability, denied him leave to proceed in forma pauperis, and dismissed his appeal.

    Original Description:

    Filed: 2014-12-19 Precedential Status: Non-Precedential Docket: 14-7190

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Hugo Romare Jones's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court had accepted the magistrate judge's recommendation to deny Jones's petition. The appeals court determined that Jones had not made a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court denied Jones a certificate of appealability, denied him leave to proceed in forma pauperis, and dismissed his appeal.

    Copyright:

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

    Hugo Jones v. Harold Clarke, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Hugo Romare Jones's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court had accepted the magistrate judge's recommendation to deny Jones's petition. The appeals court determined that Jones had not made a substantial showing of the denial of a constitutional right, as required for a certificate of appealability. Therefore, the court denied Jones a certificate of appealability, denied him leave to proceed in forma pauperis, and dismissed his appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7190

    HUGO ROMARE JONES,


    Petitioner Appellant,
    v.
    HAROLD W. CLARKE,
    Corrections,

    Director

    of

    Virginia

    Department

    of

    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk.
    Arenda L. Wright Allen,
    District Judge. (2:13-cv-00384-AWA-TEM)

    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.

    Hugo Romare Jones, Appellant Pro Se. Victoria Lee Johnson,


    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Hugo Romare Jones seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his 28 U.S.C. 2254 (2012) petition.

    The

    order is not appealable unless a circuit justice or judge issues


    a

    certificate

    (2012).

    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) (2012).
    relief

    on

    the

    demonstrating
    district

    merits,
    that

    courts

    debatable

    or

    prisoner

    reasonable

    assessment

    wrong.

    When the district court denies

    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 Jones has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability, deny leave to proceed in


    forma pauperis, and dismiss the appeal.

    We dispense with oral

    argument because the facts and legal contentions are adequately


    2

    presented in the materials before this court and argument would


    not aid the decisional process.

    DISMISSED

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