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    McIntyre v. Maynard, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jack Arnold McIntyre, who sought to appeal the district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The Fourth Circuit determined that McIntyre did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that any procedural rulings by the district court were debatable or wrong. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    McIntyre v. Maynard, 4th Cir. (2003)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jack Arnold McIntyre, who sought to appeal the district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The Fourth Circuit determined that McIntyre did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that any procedural rulings by the district court were debatable or wrong. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2003-07-30 Precedential Status: Non-Precedential Docket: 03-6467

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jack Arnold McIntyre, who sought to appeal the district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The Fourth Circuit determined that McIntyre did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that any procedural rulings by the district court were debatable or wrong. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    27 views2 pages

    McIntyre v. Maynard, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jack Arnold McIntyre, who sought to appeal the district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The Fourth Circuit determined that McIntyre did not make the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find his constitutional claims debatable or that any procedural rulings by the district court were debatable or wrong. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6467

    JACK ARNOLD MCINTYRE,


    Petitioner - Appellant,
    versus
    GARY D. MAYNARD, Director, South Carolina
    Department of Corrections; CHARLES MOLONY
    CONDON, Attorney General of the State of South
    Carolina,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston.
    Joseph F. Anderson, Jr., Chief
    District Judge. (CA-02-1335-2-17AJ)

    Submitted:

    July 24, 2003

    Decided:

    July 30, 2003

    Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Jack Arnold McIntyre, Appellant Pro Se. William Edgar Salter, III,
    OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South
    Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jack Arnold McIntyre seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his petition filed under 28 U.S.C. 2254 (2000).
    The order is not appealable unless a circuit justice or judge
    issues a certificate of appealability.
    (2000).

    28 U.S.C. 2253(c)(1)

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    U.S.C. 2253(c)(2) (2000).
    demonstrating
    constitutional

    that

    A prisoner satisfies this standard by

    reasonable

    claims

    are

    28

    jurists

    debatable

    and

    would
    that

    find
    any

    that

    his

    dispositive

    procedural rulings by the district court are also debatable or


    wrong.

    See Miller-El v. Cockrell, 537 U.S. 322,

    , 123 S. Ct.

    1029, 1040 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
    Rose v. Lee, 252 F.3d 676, 683 (4th Cir.), cert. denied, 534 U.S.
    941 (2001). We have independently reviewed the record and conclude
    that McIntyre 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 the court and
    argument would not aid the decisional process.

    DISMISSED

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