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    David Rhodes, Sr. v. Warden Beckwith, 4th Cir. (2015)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from David Elijah Rhodes, Sr. regarding the district court's denial of his 28 U.S.C. § 2254 petition. The court concludes that Rhodes has not made a substantial showing of the denial of a constitutional right, which is required for a certificate of appealability. As such, the court denies a certificate of appealability, denies Rhodes' motion to proceed in forma pauperis, and dismisses the appeal.

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    David Rhodes, Sr. v. Warden Beckwith, 4th Cir. (2015)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from David Elijah Rhodes, Sr. regarding the district court's denial of his 28 U.S.C. § 2254 petition. The court concludes that Rhodes has not made a substantial showing of the denial of a constitutional right, which is required for a certificate of appealability. As such, the court denies a certificate of appealability, denies Rhodes' motion to proceed in forma pauperis, and dismisses the appeal.

    Original Description:

    Filed: 2015-05-27 Precedential Status: Non-Precedential Docket: 15-6323

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from David Elijah Rhodes, Sr. regarding the district court's denial of his 28 U.S.C. § 2254 petition. The court concludes that Rhodes has not made a substantial showing of the denial of a constitutional right, which is required for a certificate of appealability. As such, the court denies a certificate of appealability, denies Rhodes' motion to proceed in forma pauperis, and dismisses the appeal.

    Copyright:

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

    David Rhodes, Sr. v. Warden Beckwith, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from David Elijah Rhodes, Sr. regarding the district court's denial of his 28 U.S.C. § 2254 petition. The court concludes that Rhodes has not made a substantial showing of the denial of a constitutional right, which is required for a certificate of appealability. As such, the court denies a certificate of appealability, denies Rhodes' motion to proceed in forma pauperis, and dismisses the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-6323

    DAVID ELIJAH RHODES, SR.,


    Petitioner - Appellant,
    v.
    WARDEN BECKWITH,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill.
    Mary G. Lewis, District Judge.
    (0:14-cv-00428-MGL)

    Submitted:

    May 21, 2015

    Decided:

    May 27, 2015

    Before MOTZ, KING, and WYNN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    David Elijah Rhodes, Sr., Appellant Pro Se.


    Kaycie Smith
    Timmons, 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:
    David
    courts
    judge

    order
    and

    petition.
    or

    Elijah

    judge

    Rhodes,

    accepting

    denying

    the

    relief

    seeks

    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

    Sr.,

    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
    Rhodes 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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