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Joseph Tarleton v. Ricky Anderson, 4th Cir. (2012)

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Joseph Brian Tarleton filed a petition for habeas corpus relief that was denied by the district court. Tarleton sought to appeal the denial but a certificate of appealability is required. The appeals court independently reviewed the record and determined that Tarleton did not make the requisite showing to merit a certificate. As a result, the court denied Tarleton's request for a certificate of appealability, denied his motion to proceed in forma pauperis, and dismissed his appeal.

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26 views3 pages

Joseph Tarleton v. Ricky Anderson, 4th Cir. (2012)

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Joseph Brian Tarleton filed a petition for habeas corpus relief that was denied by the district court. Tarleton sought to appeal the denial but a certificate of appealability is required. The appeals court independently reviewed the record and determined that Tarleton did not make the requisite showing to merit a certificate. As a result, the court denied Tarleton's request for a certificate of appealability, denied his motion to proceed in forma pauperis, and dismissed his appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 12-6215

JOSEPH BRIAN TARLETON,


Petitioner - Appellant,
v.
RICKY ANDERSON,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:08-cv-00483-RJC)

Submitted:

June 28, 2012

Decided:

July 12, 2012

Before SHEDD, AGEE, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Joseph Brian Tarleton, Appellant Pro Se.


Mary Carla Hollis,
Assistant
Attorney
General,
Raleigh,
North
Carolina,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Joseph
courts

order

petition.
or

judge

Brian

denying

relief

seeks

on

to

his

28

appeal
U.S.C.

the

district

2254

(2006)

The order is not appealable unless a circuit justice


issues

certificate

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

Tarleton

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 Tarleton 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 the court and argument would


not aid the decisional process.
DISMISSED

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