Onterio Dimitri Brown v. Harold W. Clarke

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7000
ONTERIO DIMITRI BROWN,
Petitioner - Appellant,
v.
HAROLD W. CLARKE,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. T.S. Ellis, III, Senior District Judge. (1:21-cv-00039-TSE-JFA)
Submitted: March 24, 2022 Decided: March 28, 2022
Before MOTZ, WYNN, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Onterio Dimitri Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Onterio Dimitri Brown seeks to appeal the district court’s order denying relief on
his 28 U.S.C. § 2254 petition and he has filed a motion for a certificate of appealability.
The district court’s order is not appealable unless a circuit justice or judge issues a
certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A). 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). When the district court denies relief on the merits, a prisoner
satisfies this standard by demonstrating that reasonable jurists could find the district
court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis,
137 S. Ct. 759, 773-74 (2017). 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. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529
U.S. 473, 484 (2000)).
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

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