Ricky Bartlett v. State of North Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999605987-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999602114-2]; denying Motion certificate of appealability (Local Rule 22(a)) [999597228-2] Originating case number: 5:14-hc-02195-BO Copies to all parties and the district court. [999647835]. Mailed to: Ricky Bartlett. [15-6861]

Appeal: 15-6861

Doc: 15

Filed: 08/26/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6861

RICKY BARTLETT,
Petitioner – Appellant,
v.
STATE OF NORTH CAROLINA,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:14-hc-02195-BO)

Submitted:

August 17, 2015

Before DUNCAN
Circuit Judge.

and

FLOYD,

Decided:

Circuit

Judges,

and

August 26, 2015

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Ricky Bartlett, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6861

Doc: 15

Filed: 08/26/2015

Pg: 2 of 3

PER CURIAM:
Ricky Bartlett seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2254 (2012) petition.

The

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

certificate

(2012).

of

appealability.

28

U.S.C.

§ 2253(c)(1)(A)

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).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

constitutional
529

U.S.

by

that

the

claims

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 484-85.
We have independently reviewed the record and conclude that
Bartlett has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny leave to proceed in
forma pauperis, deny Bartlett’s motion for bail pending appeal,
and dismiss the appeal.

We dispense with oral argument because

the facts and legal contentions are adequately presented in the
2

Appeal: 15-6861

Doc: 15

materials

before

Filed: 08/26/2015

this

court

Pg: 3 of 3

and

argument

would

not

aid

the

decisional process.
DISMISSED

3