# Gerald Brown v. Larry Cartledge

> Court of Appeals for the Fourth Circuit · October 4, 2017 · 698 F. App'x 139

URL: https://www.frixlaw.com/law-library/cases/4209087

## Case

- **Full name:** Gerald BROWN, Petitioner-Appellant, v. Larry CARTLEDGE, Warden of Perry Correctional Institution, Respondent-Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** October 4, 2017
- **Citations:** 698 F. App'x 139
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Niemeyer, Duncan, Keenan
- **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UNPUBLISHED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. 17-6533

GERALD BROWN,

Petitioner - Appellant,

v.

LARRY CARTLEDGE, Warden of Perry Correctional Institution,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at
Greenville. Timothy M. Cain, District Judge. (6:16-cv-00317-TMC)

Submitted: September 26, 2017 Decided: October 4, 2017

Before NIEMEYER, DUNCAN, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Joshua Snow Kendrick, KENDRICK & LEONARD, P.C., Greenville, South Carolina,
for Appellant. Alphonso Simon, Jr., Assistant Attorney General, Donald John Zelenka,
Deputy Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Gerald Brown seeks to appeal the district court’s order adopting the

recommendation of the magistrate judge and 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. 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 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/4209087. Public record. Not legal advice.