Jerome Brown, Sr. v. Patrice Lewi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 1:10-cv-03349-BEL Copies to all parties and the district court/agency. [998582517]. Mailed to: Brown. [11-6271]

Appeal: 11-6271

Document: 9

Date Filed: 05/04/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6271

JEROME JULIUS BROWN, SR.,
Petitioner – Appellant,
v.
PATRICE E. LEWIS, Judge; BEN C. CLYBURN, Chief
DOUGLAS F. GANSLER; ATTORNEY GENERAL OF MARYLAND,

Judge;

Respondents – Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Benson Everett Legg, District Judge.
(1:10-cv-03349-BEL)

Submitted:

April 22, 2011

Decided:

May 4, 2011

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerome Julius Brown, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6271

Document: 9

Date Filed: 05/04/2011

Page: 2 of 3

PER CURIAM:
Jerome Julius Brown, Sr. seeks to appeal the district
court’s order denying his motion to reopen after the district
court dismissed his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2010)
petition.
or

judge

The order is not appealable unless a circuit justice
issues

a

certificate

of

appealability.

28

U.S.C.

§ 2253(c)(1) (2006); Reid v. Angelone, 369 F.3d 363, 369 (4th
Cir.

2004).

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
debatable

court’s
or

assessment

wrong.

of

Slack

the

constitutional

v.

McDaniel,

529

claims

U.S.

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

We

that

have

Brown

independently
has

not

made

reviewed
the

record

requisite

and

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
2

Appeal: 11-6271

before

Document: 9

Date Filed: 05/04/2011

the

and

court

argument

would

Page: 3 of 3

not

aid

the

decisional

process.
DISMISSED

3