Gary Williams v. David Simon

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cv-00599-HEH Copies to all parties and the district court/agency. [998661222]. Mailed to: GARY BUTERRA WILLIAMS. [11-6793]

Appeal: 11-6793

Document: 9

Date Filed: 08/23/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6793

GARY BUTERRA WILLIAMS,
Petitioner – Appellant,
v.
DAVID L. SIMONS, Superintendent,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:10-cv-00599-HEH)

Submitted:

August 18, 2011

Decided:

August 23, 2011

Before WILKINSON, DAVIS, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gary Buterra Williams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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Date Filed: 08/23/2011

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PER CURIAM:
Gary

Buterra

Williams,

a

state

pre-trial

detainee,

seeks to appeal the district court’s order denying relief on his
28 U.S.C.A. § 2241 (West 2006 & Supp. 2011) petition.

The order

is not appealable unless a circuit justice or judge issues a
certificate of appealability.
A

certificate

of

28 U.S.C. § 2253(c)(1)(A) (2006).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2006).
relief

on

the

demonstrating
district
debatable

merits,
that

court’s
or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

that

U.S.

the

claims

constitutional
529

by

is

473,

484

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
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

the

484-85.

conclude

that

We

have

Williams

independently
has

not

reviewed

made

the

record

requisite

and

showing.

Accordingly, we deny a certificate of appealability and dismiss
the appeal.
criminal

We also deny Williams’ motions to stay the state

proceedings

pending

appeal.

We

dispense

with

oral

argument because the facts and legal contentions are adequately
2

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presented in the materials before the court and argument would
not aid the decisional process.

DISMISSED

3