US v. Harvey Brewer, Jr.

Filing 920081209

Opinion

Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6691 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. HARVEY J. BREWER, JR., Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (1:07-cv02842-AMD; 1:04-cr-00215-AMD-2) Submitted: October 17, 2008 Decided: December 9, 2008 Before TRAXLER, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Harvey J. Brewer, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Harvey Brewer, Jr., seeks to appeal the district court's orders denying relief on his 28 U.S.C. 2255 (2000) motion and his Fed. R. Civ. P. 59(e) motion for reconsideration. not appealable unless a circuit justice or The orders are judge issues a A certificate of appealability. 28 U.S.C. 2253(c)(1) (2000). certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 2253(c)(2) (2000). that A prisoner satisfies would this 28 U.S.C. standard that by any demonstrating reasonable jurists find 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 Brewer has not made the requisite showing. Accordingly, although we grant Brewer's motion to amend his informal brief, 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 -

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?