James Brown v. Nora Hunt
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [1000040673-2] Originating case number: 1:16-cv-00160-FDW Copies to all parties and the district court/agency. . Mailed to: James Harrell Brown PASQUOTANK CORRECTIONAL INSTITUTION 527 Commerce Drive Elizabeth City, NC 27906-5005. [17-6321]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JAMES HARRELL BROWN,
Petitioner - Appellant,
NORA HUNT, Superintendent; FRANK L. PERRY, Secretary,
Respondents - Appellees.
Appeal from the United States District Court for the Western District of North Carolina,
at Asheville. Frank D. Whitney, Chief District Judge. (1:16-cv-00160-FDW)
Submitted: July 27, 2017
Decided: August 4, 2017
Before DUNCAN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit
Dismissed by unpublished per curiam opinion.
James Harrell Brown, Appellant Pro Se. Clarence Joe DelForge, III, NORTH
CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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James Harrell Brown 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 of appealability. See 28 U.S.C. § 2253(c)(1)(A) (2012). 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 satisfies this standard by demonstrating 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).
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 Brown has not
made the requisite showing.
Accordingly, we deny his motion for 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 this court and
argument would not aid the decisional process.
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