Jesse Fleming v. Warden Brick Tripp ( 2014 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-6459
    JESSE JAMES FLEMING,
    Petitioner - Appellant,
    v.
    WARDEN BRICK TRIPP; UNITED STATES OF AMERICA,
    Respondents - Appellees.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. James C. Dever, III,
    Chief District Judge. (5:13-hc-02147-D)
    Submitted:   September 25, 2014       Decided:   September 29, 2014
    Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Jesse James Fleming, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Jesse       James    Fleming,       a    District     of     Columbia       Code
    offender, seeks to appeal the district court’s order denying
    relief on his 
    28 U.S.C. § 2241
     (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);
    Wilson v. U.S. Parole Comm’n, 
    652 F.3d 348
    , 351-52 (3d Cir.
    2011); Madley v. U.S. Parole Comm’n, 
    278 F.3d 1306
    , 1308 (D.C.
    Cir.   2002).       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 must demonstrate 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 Fleming 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
    2
    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
    3
    

Document Info

Docket Number: 14-6459

Judges: Wilkinson, Agee, Davis

Filed Date: 9/29/2014

Precedential Status: Non-Precedential

Modified Date: 3/2/2024