Jesse Fleming v. Warden Brick Tripp

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999358387-2] Originating case number: 5:13-hc-02147-D Copies to all parties and the district court/agency. [999444558]. Mailed to: Jesse Fleming. [14-6459]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6459

JESSE JAMES FLEMING,
Petitioner - Appellant,
v.
WARDEN BRICK TRIPP; UNITED STATES OF AMERICA,
Respondents - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:13-hc-02147-D)

Submitted:

September 25, 2014

Decided:

September 29, 2014

Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jesse James Fleming, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jesse

James

Fleming,

a

District

of

Columbia

Code

offender, seeks to appeal the district court’s order denying
relief on his 28 U.S.C. § 2241 (2012) petition.
not

appealable

unless

a

circuit

certificate of appealability.

justice

or

The order is

judge

issues

a

28 U.S.C. § 2253(c)(1)(A) (2012);

Wilson v. U.S. Parole Comm’n, 652 F.3d 348, 351-52 (3d Cir.
2011); Madley v. U.S. Parole Comm’n, 278 F.3d 1306, 1308 (D.C.
Cir.

2002).

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) (2012).

When the district court

denies relief on the merits, a prisoner must demonstrate 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).
denies

relief

demonstrate

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
is

debatable, and that the petition states a debatable claim of the
denial of a constitutional right.

Slack, 529 U.S. at 484-85.

We have independently reviewed the record and conclude
that Fleming has not made the requisite showing.

Accordingly,

we deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.
2

We dispense with oral

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argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED

3