Thomas Lee Brennan v. ERIC A. HOOKS, Attorney General of the State of North Carolina

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 19-7431

THOMAS LEE BRENNAN,

Petitioner - Appellant,

v.

ERIC A. HOOKS, Attorney General of the State of North Carolina,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at
Asheville. Frank D. Whitney, Chief District Judge. (1:18-cv-00163-FDW)

Submitted: February 20, 2020 Decided: March 24, 2020

Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and TRAXLER, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Thomas Lee Brennan, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:
Thomas Lee Brennan seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2254 (2018) petition. The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A) (2018). 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) (2018). When the district court denies relief
on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists
would 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 Brennan has not
made the requisite showing. Accordingly, we deny Brennan’s motions for appointment of
counsel and for 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