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    William Brown v. W. Pixley, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing William Brown's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court concludes that Brown has not made a substantial showing that he was denied a constitutional right, which is required for a certificate of appealability. As such, the court dismisses Brown's appeal, denies a certificate of appealability, and denies leave to proceed in forma pauperis.

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    William Brown v. W. Pixley, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing William Brown's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court concludes that Brown has not made a substantial showing that he was denied a constitutional right, which is required for a certificate of appealability. As such, the court dismisses Brown's appeal, denies a certificate of appealability, and denies leave to proceed in forma pauperis.

    Original Description:

    Filed: 2013-03-29 Precedential Status: Non-Precedential Docket: 13-6076

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing William Brown's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court concludes that Brown has not made a substantial showing that he was denied a constitutional right, which is required for a certificate of appealability. As such, the court dismisses Brown's appeal, denies a certificate of appealability, and denies leave to proceed in forma pauperis.

    Copyright:

    Public Domain
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    7 views3 pages

    William Brown v. W. Pixley, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing William Brown's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The court concludes that Brown has not made a substantial showing that he was denied a constitutional right, which is required for a certificate of appealability. As such, the court dismisses Brown's appeal, denies a certificate of appealability, and denies leave to proceed in forma pauperis.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6076

    WILLIAM ALEXANDER BROWN,


    Petitioner Appellant,
    v.
    W. PIXLEY, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (1:12-cv-00293-JCC-JFA)

    Submitted:

    March 26, 2013

    Decided:

    March 29, 2013

    Before DUNCAN, FLOYD, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    William Alexander Brown, Appellant Pro Se. Robert H. Anderson,


    III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    William Alexander Brown seeks to appeal the district
    courts

    order

    petition.
    or

    judge

    denying

    on

    his

    28

    U.S.C.

    2254

    (2006)

    The order is not appealable unless a circuit justice


    issues

    certificate

    2253(c)(1)(A) (2006).
    issue

    relief

    absent

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    of

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2006).

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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

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