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  • Broderick McLaurin v. Frank Perry, 4th Cir. (2015)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Broderick Jermaine McLaurin's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The appeals court independently reviewed the record and determined that McLaurin did not make the requisite showing that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the appeals court denied McLaurin's request for a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2015-11-25 Precedential Status: Non-Precedential Docket: 15-7164

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Broderick Jermaine McLaurin's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The appeals court independently reviewed the record and determined that McLaurin did not make the requisite showing that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the appeals court denied McLaurin's request for a certificate of appealability and dismissed the appeal.

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    Public Domain
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    9 views3 pages

    Broderick McLaurin v. Frank Perry, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Broderick Jermaine McLaurin's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The appeals court independently reviewed the record and determined that McLaurin did not make the requisite showing that reasonable jurists would find the district court's ruling debatable or wrong. Therefore, the appeals court denied McLaurin's request for a certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 15-7164

    BRODERICK JERMAINE MCLAURIN,


    Petitioner - Appellant,
    v.
    FRANK L. PERRY; CYNTHIA THORNTON,
    Respondents - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Louise W. Flanagan,
    District Judge. (5:14-hc-02160-FL)

    Submitted:

    November 13, 2015

    Decided:

    November 25, 2015

    Before KING, SHEDD, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Broderick Jermaine McLaurin, Appellant Pro Se.


    Clarence Joe
    DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
    North Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Broderick Jermaine McLaurin seeks to appeal the district
    courts order dismissing as untimely his 28 U.S.C. 2254 (2012)
    petition.
    or

    judge

    The order is not appealable unless a circuit justice


    issues

    certificate

    2253(c)(1)(A) (2012).
    issue

    absent

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    of

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2012).

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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
    McLaurin has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability, deny leave to proceed in


    forma pauperis, 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.
    DISMISSED

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