# Brown-Bey v. Robinson

> Court of Appeals for the Fourth Circuit · June 16, 2005 · 133 F. App'x 916

URL: https://www.frixlaw.com/law-library/cases/1016368

## Case

- **Full name:** Lewis Solomon BROWN-BEY, Petitioner—Appellant, v. A. David ROBINSON, Virginia Department of Corrections, Respondent—Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** June 16, 2005
- **Citations:** 133 F. App'x 916
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Niemeyer, Duncan, Hamilton
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1016368

## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 05-6243

LEWIS SOLOMON BROWN-BEY,

Petitioner - Appellant,

versus

A. DAVID ROBINSON, Virginia Department of
Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-04-83-7)

Submitted: June 9, 2005 Decided: June 16, 2005

Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Lewis Solomon Brown-Bey, Appellant Pro Se. Thomas Drummond
Bagwell, Assistant Attorney General, Richmond, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

Lewis Solomon Brown-Bey seeks to appeal the district

court’s order denying relief on his petition filed under 28 U.S.C.

§ 2254 (2000). The order is not appealable unless a circuit

justice or judge issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this

standard by demonstrating that reasonable jurists would find that

his constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683-84 (4th Cir. 2001). We have independently reviewed the

record and conclude that Brown-Bey has not made the requisite

showing. Accordingly, we deny a certificate of appealability 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

- 2 -

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1016368. Public record. Not legal advice.