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  • Ricky Bartlett v. State of North Carolina, 4th Cir. (2015)

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    Ricky Bartlett appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit denied Bartlett's request for a certificate of appealability, finding that he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The appeals court also denied Bartlett's motion to proceed in forma pauperis and his motion for bail pending appeal. The court dismissed Bartlett's appeal without oral argument.

    Original Description:

    Filed: 2015-08-26 Precedential Status: Non-Precedential Docket: 15-6861

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    Ricky Bartlett appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit denied Bartlett's request for a certificate of appealability, finding that he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The appeals court also denied Bartlett's motion to proceed in forma pauperis and his motion for bail pending appeal. The court dismissed Bartlett's appeal without oral argument.

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    15 views3 pages

    Ricky Bartlett v. State of North Carolina, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    Ricky Bartlett appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The United States Court of Appeals for the Fourth Circuit denied Bartlett's request for a certificate of appealability, finding that he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. The appeals court also denied Bartlett's motion to proceed in forma pauperis and his motion for bail pending appeal. The court dismissed Bartlett's appeal without oral argument.

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    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    UNPUBLISHED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.

    PER CURIAM:
    Ricky Bartlett seeks to appeal the district courts 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

    courts

    debatable

    or

    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 Bartletts 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

    materials

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.
    DISMISSED

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