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    Daniels v. Braxton, 4th Cir. (2005)

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    This document summarizes a United States Court of Appeals case in which Travis Eugene Daniels, a Virginia prisoner, appealed a magistrate judge's denial of his petition for a writ of habeas corpus. A three-judge panel of the Court of Appeals dismissed the appeal, finding that Daniels did not make the requisite substantial showing of the denial of a constitutional right to justify issuing a certificate of appealability. The panel concluded that Daniels had not shown that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

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    Daniels v. Braxton, 4th Cir. (2005)

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    This document summarizes a United States Court of Appeals case in which Travis Eugene Daniels, a Virginia prisoner, appealed a magistrate judge's denial of his petition for a writ of habeas corpus. A three-judge panel of the Court of Appeals dismissed the appeal, finding that Daniels did not make the requisite substantial showing of the denial of a constitutional right to justify issuing a certificate of appealability. The panel concluded that Daniels had not shown that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

    Original Description:

    Filed: 2005-09-30 Precedential Status: Non-Precedential Docket: 05-6799

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    This document summarizes a United States Court of Appeals case in which Travis Eugene Daniels, a Virginia prisoner, appealed a magistrate judge's denial of his petition for a writ of habeas corpus. A three-judge panel of the Court of Appeals dismissed the appeal, finding that Daniels did not make the requisite substantial showing of the denial of a constitutional right to justify issuing a certificate of appealability. The panel concluded that Daniels had not shown that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

    Copyright:

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

    Daniels v. Braxton, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Travis Eugene Daniels, a Virginia prisoner, appealed a magistrate judge's denial of his petition for a writ of habeas corpus. A three-judge panel of the Court of Appeals dismissed the appeal, finding that Daniels did not make the requisite substantial showing of the denial of a constitutional right to justify issuing a certificate of appealability. The panel concluded that Daniels had not shown that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6799

    TRAVIS EUGENE DANIELS,


    Petitioner - Appellant,
    versus
    D.A. BRAXTON, Warden of R.O.S.P,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    David G. Lowe, Magistrate
    Judge. (CA-03-1017-3)

    Submitted:

    September 27, 2005

    Decided:

    September 30, 2005

    Before LUTTIG, MOTZ, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Travis Eugene Daniels, Appellant Pro Se. John H. McLees, Jr.,


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

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Travis Eugene Daniels, a Virginia prisoner, seeks to
    appeal the magistrate judges order* denying relief on his petition
    filed under 28 U.S.C. 2254 (2000).

    An appeal may not be taken

    from the final order in a 2254 proceeding unless a circuit


    justice or judge issues a certificate of appealability.

    28 U.S.C.

    2253(c)(1) (2000). A certificate of appealability will not issue


    for claims addressed by a district court absent a substantial
    showing of the denial of a constitutional right.

    2253(c)(2)

    (2000).

    prisoner

    satisfies

    this

    28 U.S.C.
    standard

    by

    demonstrating that reasonable jurists would find both that the


    district

    courts

    assessment

    of

    his

    constitutional

    claims

    is

    debatable or wrong and that any dispositive procedural rulings by


    the district court are also debatable or wrong.

    See Miller-El v.

    Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S.
    473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).
    We have independently reviewed the record and conclude that Daniels
    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
    *

    The parties consented to the jurisdiction of the magistrate


    judge pursuant to 28 U.S.C. 636(c) (2000).
    - 2 -

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