The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6387
In Re: DOVON BROWN,
Petitioner.
On Petition for Writ of Error. (CA-95-144-2H)
Submitted: April 15, 2004 Decided: April 26, 2004
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition denied by unpublished per curiam opinion.
Dovon Brown, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dovon Brown, a federal inmate, brings this petition for
writ of error in which he seeks to have this court recall its
mandate dismissing the appeal of the denial of his motion to vacate
sentence under 28 U.S.C. § 2255 (2000) and remand his case to the
district court. See United States v. Brown, No. 00-7254, 2000 WL
1707272 (4th Cir. Nov. 15, 2000) (unpublished). In the
alternative, Brown requests this court allow him to file a petition
under 28 U.S.C. § 2241 (2000). In his petition, Brown alleges that
he is entitled to the relief sought because the district court and
this court did not apply the standard announced in the Supreme
Court’s decision in Miller-El v. Cockrell, 537 U.S. 322, 336
(2003), in determining whether to grant a certificate of
appealability on his claims. Our review of his petition leads us
to conclude that Brown has failed to demonstrate extraordinary
circumstances justifying recall of the mandate. Calderon v.
Thompson, 523 U.S. 538, 549-50 (1998). Accordingly, although we
grant Brown’s motion to proceed in forma pauperis, we deny his
petition for writ of error. 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.
PETITION DENIED
- 2 -