Opinion

United States v. Brown

  • 121 F. App'x 539
Court
Court of Appeals for the Fourth Circuit
Filed
Feb 16, 2005
Status
Published
On the bench
Niemeyer, Traxler, Williams
Cited by
0 cases
Authority
More cited than 12.7%

The opinion

PER CURIAM:

Johnny Mack Brown, a federal prisoner, 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 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). A certificate of appealability will not issue for claims addressed by a district court absent “a sub *540 stantial 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 both that the district court’s assessment of his constitutional claims is debatable or wrong 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 , 123 S.Ct. 1029 , 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (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 grant the motion to file a pro se supplemental brief and 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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