US v. Lincoln Brock

Filing 920100405

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7981 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LINCOLN MONROE BROCK, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:03-cr-00429-JAB-1; 1:08-cv-00605-JABDPD) Submitted: March 30, 2010 Decided: April 5, 2010 Before WILKINSON, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Lincoln Monroe Brock, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Lincoln court's order Monroe Brock the seeks to appeal of the district accepting recommendation the magistrate judge and denying relief on his 28 U.S.C.A. 2255 (West Supp. 2009) motion. justice or The order is not appealable unless a circuit issues a certificate of appealability. 28 judge U.S.C. 2253(c)(1) (2006). not issue absent "a A certificate of appealability will showing of the denial (2006). of a A that the or substantial 28 constitutional prisoner reasonable right." this would by U.S.C. standard 2253(c)(2) by any satisfies jurists demonstrating assessment is of find the that constitutional claims district court debatable 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 Brock has not made the requisite showing. leave to proceed of on appeal in Accordingly, although we grant forma pauperis, the we deny a We legal certificate dispense appealability, oral argument and dismiss the appeal. and with because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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