From Casetext: Smarter Legal Research

Carter v. Tripp

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 24, 2018
No. 18-6350 (4th Cir. Jul. 24, 2018)

Opinion

No. 18-6350

07-24-2018

GEORGE CARTER, Petitioner - Appellant, v. BRICK TRIPP, Warden, Respondent - Appellee.

George E. Carter, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:17-hc-02009-FL) Before WILKINSON, MOTZ, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. George E. Carter, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

George Carter, a D.C. 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). 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 Carter 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


Summaries of

Carter v. Tripp

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 24, 2018
No. 18-6350 (4th Cir. Jul. 24, 2018)
Case details for

Carter v. Tripp

Case Details

Full title:GEORGE CARTER, Petitioner - Appellant, v. BRICK TRIPP, Warden, Respondent…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jul 24, 2018

Citations

No. 18-6350 (4th Cir. Jul. 24, 2018)