# Brown-Bey v. State of North Carolina

> District Court, W.D. North Carolina · November 18, 2021

URL: https://www.frixlaw.com/law-library/cases/10257757

## Case

- **Court:** District Court, W.D. North Carolina
- **Decided:** November 18, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:21-cv-00247-MR

EDDRICCO L. BROWN-BEY,1 )
)
Plaintiff, )
)
vs. )
)
STATE OF NORTH CAROLINA, et al., ) ORDER
)
Defendants. )
_______________________________ )

THIS MATTER is before the Court on the Plaintiff’s pro se “Emergency
Petition for Constitutional Rights Protected by the 5th and 8th [amendments]
Articles to the Bill of Rights of [1791].” [Doc. 8].
The pro se Petitioner, who is presently incarcerated in the North
Carolina Department of Safety, filed a an “Emergency Petition” in the instant
case that was construed as a Petition for Writ of Habeas Corpus pursuant to
28 U.S.C. § 2254. [Doc. 1]. On October 29, 2021, the Petition was dismissed
without prejudice as an unauthorized successive § 2254 petition and this
case was closed. [Docs. 3, 4]. He has filed a Notice of Appeal. [Doc. 8].

1 According to the North Carolina Department of Public Safety’s website, the Petitioner’s
name is Eddricco L. Brown. See https://webapps.doc.state.nc.us/opi/viewoffender.do?
method=view&offenderID=0700738&searchOffenderId=0700738&searchDOBRange=0
&listurl=pagelistoffendersearchresults&listpage=1 (last accessed Nov. 10, 2021); Fed.
R. Evid. 201.
The Petitioner has now filed the instant “Emergency Petition” in which
he again challenges his incarceration, and asks the Court to vacate his

judgment and immediately release him from custody. [Doc. 8]. The
“Emergency Petition” is construed as an Amended Petition for Writ of
Habeas Corpus pursuant to § 2254.

The § 2254 Petition has already been dismissed and the Amended
Petition does not establish that the Fourth Circuit has granted the Petitioner
authorization to file a second or successive habeas petition. There is no
active case or controversy before the Court, and the Amended Petition is

therefore dismissed. See e.g. Sevilla-Briones v. Hooks, No. 3:20-cv-00059-
MR, 2020 WL 6587663 W.D.N.C. Nov. 10, 2020) (denying a motion to
amend in a closed § 2254 case); Rudisill v. United States, No. 1:09CR262-

3-T, 2009 WL 2517013, at * 1 (W.D.N.C. Aug. 14, 2009) (in a § 2255 case,
noting that “this Court is unaware of any authority allowing Petitioner to
amend a closed case.”).
Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases,

the Court declines to issue a certificate of appealability as Petitioner has not
made a substantial showing of a denial of a constitutional right. 28 U.S.C. §
2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003) (in order to

satisfy § 2253(c), a petitioner must demonstrate that reasonable jurists would
find the district court’s assessment of the constitutional claims debatable or
wrong); Slack v. McDaniel, 529 U.S. 474, 484 (2000) (holding that when relief
is denied on procedural grounds, a petitioner must establish both that the
correctness of the dispositive procedural ruling is debatable, and that the
petition states a debatably valid claim of the denial of a constitutional right).
ORDER
IT IS, THEREFORE, ORDERED that Petitioner's “Emergency Petition
for Constitutional Rights Protected by the 5" and 8" [amendments] Articles
to the Bill of Rights of [1791]” [Doc. 8] is construed as an Amended Petition
for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 and is DISMISSED.
IT IS FURTHER ORDERED that the Court declines to issue a
certificate of appealability pursuant to Rule 11(a) of the Rules Governing
Section 2254 Cases.
IT IS SO ORDERED. Signed: November 18, 2021
Se ee
Chief United States District Judge ES

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10257757. Public record. Not legal advice.