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    Ernest Perry v. Warden Broad River, 4th Cir. (2012)

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    This document summarizes a United States Court of Appeals case in which Ernest Dwight Perry sought to appeal a district court's denial of his 28 U.S.C. § 2254 petition. The appeals court dismissed the appeal because Perry did not obtain a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. The appeals court independently reviewed the record and determined that Perry did not make the requisite showing to obtain a certificate of appealability. Therefore, the court dismissed the appeal.

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    Ernest Perry v. Warden Broad River, 4th Cir. (2012)

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    Scribd Government Docs
    14 views4 pages
    This document summarizes a United States Court of Appeals case in which Ernest Dwight Perry sought to appeal a district court's denial of his 28 U.S.C. § 2254 petition. The appeals court dismissed the appeal because Perry did not obtain a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. The appeals court independently reviewed the record and determined that Perry did not make the requisite showing to obtain a certificate of appealability. Therefore, the court dismissed the appeal.

    Original Description:

    Filed: 2012-08-07 Precedential Status: Non-Precedential Docket: 12-6308

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    This document summarizes a United States Court of Appeals case in which Ernest Dwight Perry sought to appeal a district court's denial of his 28 U.S.C. § 2254 petition. The appeals court dismissed the appeal because Perry did not obtain a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. The appeals court independently reviewed the record and determined that Perry did not make the requisite showing to obtain a certificate of appealability. Therefore, the court dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    14 views4 pages

    Ernest Perry v. Warden Broad River, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Ernest Dwight Perry sought to appeal a district court's denial of his 28 U.S.C. § 2254 petition. The appeals court dismissed the appeal because Perry did not obtain a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. The appeals court independently reviewed the record and determined that Perry did not make the requisite showing to obtain a certificate of appealability. Therefore, the court dismissed the appeal.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-6308

    ERNEST DWIGHT PERRY,


    Petitioner - Appellant,
    v.
    WARDEN BROAD RIVER CORRECTIONAL INSTITUTION,
    Respondent Appellee,
    and
    STATE OF SOUTH CAROLINA,
    Respondent.

    Appeal from the United States District Court for the District of
    South Carolina, at Orangeburg. Timothy M. Cain, District Judge.
    (5:10-cv-02346-TMC)

    Submitted:

    June 19, 2012

    Before WYNN and


    Circuit Judge.

    DIAZ,

    Decided:

    Circuit

    Judges,

    and

    August 7, 2012

    HAMILTON,

    Senior

    Dismissed by unpublished per curiam opinion.

    Ernest Dwight Perry, Appellant Pro Se. Brendan McDonald, OFFICE


    OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Donald John Zelenka,
    Deputy Assistant Attorney General, Columbia, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ernest
    courts

    order

    petition.

    Dwight

    denying

    Perry
    relief

    seeks
    on

    his

    to

    appeal

    28

    U.S.C.

    district

    2254

    (2006)

    The order is not appealable unless a circuit justice

    or judge issues a certificate of appealability.


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

    the

    absent

    A certificate of appealability will not

    substantial

    constitutional right.

    See 28 U.S.C.

    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 Perry has not made the requisite showing.

    Accordingly, we

    deny a certificate of appealability and dismiss the appeal.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

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