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  • Brown v. Lewis, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit dismissed Jerome Brown's appeal of the district court's denial of his motion to reopen his habeas corpus petition. The court concluded that Brown did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of habeas relief. Specifically, Brown did not demonstrate that reasonable jurists would debate the district court's ruling or that his petition stated a debatable constitutional claim. Therefore, the court denied the certificate of appealability and dismissed Brown's appeal.

    Original Description:

    Filed: 2011-05-04 Precedential Status: Non-Precedential Docket: 11-6271

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    The United States Court of Appeals for the Fourth Circuit dismissed Jerome Brown's appeal of the district court's denial of his motion to reopen his habeas corpus petition. The court concluded that Brown did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of habeas relief. Specifically, Brown did not demonstrate that reasonable jurists would debate the district court's ruling or that his petition stated a debatable constitutional claim. Therefore, the court denied the certificate of appealability and dismissed Brown's appeal.

    Copyright:

    Public Domain
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    23 views3 pages

    Brown v. Lewis, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Jerome Brown's appeal of the district court's denial of his motion to reopen his habeas corpus petition. The court concluded that Brown did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of habeas relief. Specifically, Brown did not demonstrate that reasonable jurists would debate the district court's ruling or that his petition stated a debatable constitutional claim. Therefore, the court denied the certificate of appealability and dismissed Brown's appeal.

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    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    UNPUBLISHED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.

    PER CURIAM:
    Jerome Julius Brown, Sr. seeks to appeal the district
    courts 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

    certificate

    of

    appealability.

    28

    U.S.C.

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


    Cir.

    2004).

    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

    courts
    or

    assessment

    wrong.

    Slack

    of

    the

    constitutional

    v.

    McDaniel,

    529

    U.S.

    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

    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

    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.
    DISMISSED

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