US v. Lincoln Brock
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
March 30, 2010
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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
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
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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
appealability, oral argument
contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2
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