# Brown v. Warden, Kershaw Correctional Institution

> Court of Appeals for the Fourth Circuit · September 24, 2008 · 293 F. App'x 985

URL: https://www.frixlaw.com/law-library/cases/1026770

## Case

- **Full name:** Curtis J. BROWN, Sr., Petitioner—Appellant, v. WARDEN, KERSHAW CORRECTIONAL INSTITUTION, Respondent—Appellee, and County of Charleston; State of South Carolina; South Carolina Department of Corrections, Respondents
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** September 24, 2008
- **Citations:** 293 F. App'x 985
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Motz, Traxler, Shedd
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-7138

CURTIS J. BROWN, SR.,

Petitioner - Appellant,

v.

WARDEN, Kershaw Correctional Institution,

Respondent - Appellee,

and

COUNTY OF CHARLESTON; STATE OF SOUTH CAROLINA; SOUTH CAROLINA
DEPARTMENT OF CORRECTIONS,

Respondents.

Appeal from the United States District Court for the District of
South Carolina, at Anderson. David C. Norton, District Judge.
(8:07-cv-03059-DCN)

Submitted: September 16, 2008 Decided: September 24, 2008

Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Curtis J. Brown, Sr., Appellant Pro Se. William Edgar Salter, III,
Assistant Attorney General, Donald John Zelenka, Deputy Assistant
Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Curtis J. Brown, Sr. seeks to appeal the district court’s

order accepting the recommendation of the magistrate judge and

dismissing as untimely his 28 U.S.C. § 2254 (2000) petition. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Brown has not

made the requisite 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 before the court and argument would not

aid the decisional process.

DISMISSED

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1026770. Public record. Not legal advice.