# Brown v. Director, Department of Corrections

> Court of Appeals for the Fourth Circuit · December 13, 2007 · 257 F. App'x 614

URL: https://www.frixlaw.com/law-library/cases/1024461

## Case

- **Full name:** Kevin E. BROWN, Petitioner-Appellant, v. DIRECTOR, DEPARTMENT OF CORRECTIONS, Wallens Ridge State Prison, Respondent-Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** December 13, 2007
- **Citations:** 257 F. App'x 614
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Wilkinson, Traxler, Shedd
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 07-6651

KEVIN E. BROWN,

Petitioner - Appellant,

versus

DIRECTOR, DEPARTMENT OF CORRECTIONS, Wallens
Ridge State Prison,

Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, District Judge.
(7:06-cv-00579-gec)

Submitted: October 31, 2007 Decided: December 13, 2007

Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kevin E. Brown, Appellant Pro Se. Donald Eldridge Jeffrey, III,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Kevin E. Brown seeks to appeal the district court’s order

denying relief on his 28 U.S.C. § 2254 (2000) petition. 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 any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. 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 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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1024461. Public record. Not legal advice.