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  • Kozoman v. State of NC, 4th Cir. (2008)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of James Robert Kozoman v. Grady J. Haynes and the State of North Carolina. The Court of Appeals dismissed Kozoman's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Court determined that Kozoman failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. As a result, the Court denied Kozoman's request for a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2008-01-24 Precedential Status: Non-Precedential Docket: 07-7242

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of James Robert Kozoman v. Grady J. Haynes and the State of North Carolina. The Court of Appeals dismissed Kozoman's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Court determined that Kozoman failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. As a result, the Court denied Kozoman's request for a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
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    82 views2 pages

    Kozoman v. State of NC, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of James Robert Kozoman v. Grady J. Haynes and the State of North Carolina. The Court of Appeals dismissed Kozoman's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Court determined that Kozoman failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that any procedural rulings were debatable. As a result, the Court denied Kozoman's request for a certificate of appealability and dismissed the appeal.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7242

    JAMES ROBERT KOZOMAN,


    Petitioner - Appellant,
    versus
    GRADY J. HAYNES,
    Respondent - Appellee,
    and
    STATE OF NORTH CAROLINA,
    Respondent.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Dever III,
    District Judge. (5:06-hc-02112-D)

    Submitted:

    January 17, 2008

    Decided:

    January 24, 2008

    Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James Robert Kozoman, Appellant Pro Se. Mary Carla Hollis, NORTH
    CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    James Robert Kozoman seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2254 (2000) petition.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    See 28 U.S.C. 2253(c)(1) (2000).

    A certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    any

    assessment of the constitutional claims by the district court is


    debatable or wrong and that any dispositive procedural ruling by
    the

    district

    court

    is

    likewise

    debatable.

    See

    Miller-El

    v.

    Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S.
    473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).
    We have independently reviewed the record and conclude that Kozoman
    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

    - 2 -

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