# James Brown v. Nora Hunt

> Court of Appeals for the Fourth Circuit · August 4, 2017 · 694 F. App'x 201

URL: https://www.frixlaw.com/law-library/cases/4193483

## Case

- **Full name:** James Harrell BROWN, Petitioner-Appellant, v. Nora HUNT, Superintendent; Frank L. Perry, Secretary, Respondents-Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** August 4, 2017
- **Citations:** 694 F. App'x 201
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Duncan, Thacker, Hamilton
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6321

JAMES HARRELL BROWN,

Petitioner - Appellant,

v.

NORA HUNT, Superintendent; FRANK L. PERRY, Secretary,

Respondents - Appellees.

Appeal from the United States District Court for the Western District of North Carolina,
at Asheville. Frank D. Whitney, Chief District Judge. (1:16-cv-00160-FDW)

Submitted: July 27, 2017 Decided: August 4, 2017

Before DUNCAN and THACKER, Circuit Judges, and HAMILTON, Senior Circuit
Judge.

Dismissed by unpublished per curiam opinion.

James Harrell Brown, Appellant Pro Se. Clarence Joe DelForge, III, NORTH
CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James Harrell Brown seeks to appeal the district court’s 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 of appealability. See 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 his motion for 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 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/4193483. Public record. Not legal advice.