Opinion

United States v. Brown

  • 60 F. App'x 467
Court
Court of Appeals for the Fourth Circuit
Filed
Mar 31, 2003
Status
Published
Cited by
0 cases
Authority
More cited than 12.7%

The opinion

PER CURIAM.

Robert L. Brown seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000). An appeal may not be taken to this court from the final order in a § 2255 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253 (c)(1) (2000). When, as here, a district court dismisses a § 2255 motion solely on procedural grounds, a certificate of appealability will not issue unless the movant can demonstrate both “(1) ‘that jurists of reason would find it debatable whether the [motion] states a valid claim of the denial of a constitutional right’ and (2) ‘that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.’” Rose v. Lee, 252 F.3d 676, 684 (4th Cir.) (quoting Slack v. McDaniel, 529 U.S. 473, 484 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000)), cert. denied, 534 U.S. 941 , 122 S.Ct. 318 , 151 L.Ed.2d 237 (2001). We have independently reviewed the record and conclude that Brown has not satisfied this standard. See Miller-El v. Cockrell, 537 U.S. 322 , 123 S.Ct. 1029, 1039-40 , 154 L.Ed.2d 931 (2003). 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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