Kearns v. Hoke, 020812 FED4, 11-7178

Docket Nº:11-7178
Opinion Judge:PER CURIAM
Party Name:JAMES H. KEARNS, Petitioner - Appellant, v. ADRIAN HOKE, Warden, Respondent - Appellee.
Attorney:James H. Kearns, Appellant Pro Se. Robert David Goldberg, Assistant Attorney General, Charleston, West Virginia, for Appellee.
Judge Panel:Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Case Date:February 08, 2012
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
FREE EXCERPT

JAMES H. KEARNS, Petitioner - Appellant,

v.

ADRIAN HOKE, Warden, Respondent - Appellee.

No. 11-7178

United States Court of Appeals, Fourth Circuit

February 8, 2012

UNPUBLISHED

Submitted: January 31, 2012

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:09-cv-00156-IMK-JSK)

James H. Kearns, Appellant Pro Se.

Robert David Goldberg, Assistant Attorney General, Charleston, West Virginia, for Appellee.

Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM

James H. Kearns seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2006) . 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural...

To continue reading

FREE SIGN UP