# Ray Brown v. Earl Barksdale

> Court of Appeals for the Fourth Circuit · May 31, 2017 · 691 F. App'x 84

URL: https://www.frixlaw.com/law-library/cases/4173161

## Case

- **Full name:** Ray W. BROWN, Petitioner-Appellant, v. Earl BARKSDALE, Warden, Respondent-Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** May 31, 2017
- **Citations:** 691 F. App'x 84
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Motz, Thacker, Harris
- **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UNPUBLISHED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. 17-6226

RAY W. BROWN,

Petitioner - Appellant,

v.

EARL BARKSDALE, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Claude M. Hilton, Senior District Judge. (1:16-cv-01594-CMH-MSN)

Submitted: May 25, 2017 Decided: May 31, 2017

Before MOTZ, THACKER, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ray W. Brown, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Ray W. Brown seeks to appeal the district court’s order dismissing without

prejudice his 28 U.S.C. § 2254 (2012) petition as successive and unauthorized. The order

is not appealable unless a circuit justice or judge issues a certificate of appealability.

28 U.S.C. § 2253(c)(1)(A) (2012). 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).

When the district court denies relief on the merits, a prisoner satisfies this standard by

demonstrating that reasonable jurists would find that the district court’s assessment of the

constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 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 Brown 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

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4173161. Public record. Not legal advice.