US v. Kenyatte Brown

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:01-cr-01109-MJP-1,3:07-cv-70011-MJP Copies to all parties and the district court/agency. [998418297] [10-6704]

Download PDF
US v. Kenyatte Brown Doc. 0 Case: 10-6704 Document: 10 Date Filed: 09/03/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6704 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KENYATTE BROWN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Matthew J. Perry, Jr., Senior District Judge. (3:01-cr-01109-MJP-1; 3:07-cv-70011-MJP) Submitted: August 26, 2010 Decided: September 3, 2010 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Kenyatte Brown, Appellant Pro Se. William Kenneth Witherspoon, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-6704 Document: 10 Date Filed: 09/03/2010 Page: 2 PER CURIAM: Kenyatte Brown seeks to appeal the district court's orders denying relief on his 28 U.S.C.A. 2255 (West Supp. 2010) motion and denying reconsideration. appealable unless a circuit justice or The orders are not judge issues a A "a certificate of appealability. certificate of appealability 28 U.S.C. 2253(c)(1) (2006). will not issue absent substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2) (2006). relief on the merits, that a When the district court denies satisfies would this standard that claims 473, by the is 484 prisoner demonstrating district debatable reasonable of v. jurists the find court's or assessment Slack constitutional 529 U.S. wrong. McDaniel, (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. at 484-85. that We have independently has not made reviewed the Slack, 529 U.S. the record and conclude Brown requisite showing. 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 2 Case: 10-6704 Document: 10 Date Filed: 09/03/2010 Page: 3 before the court and argument would not aid the decisional process. DISMISSED 3

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?