US v. Michael Brooker
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:04-cr-00575-AW-1,8:09-cv-02210-AW Copies to all parties and the district court/agency. [998482179] [10-6843]
US v. Michael Brooker
Doc. 0
Case: 10-6843 Document: 9
Date Filed: 12/09/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6843 UNITED STATES OF AMERICA, Plaintiff Appellee, v. MICHAEL J. BROOKER, Defendant Appellant.
Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:04-cr-00575-AW-1; 8:09-cv-02210-AW) Submitted: November 18, 2010 Decided: December 9, 2010
Before NIEMEYER, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael J. Brooker, Appellant Pro Se. Michael Richard Pauze, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-6843 Document: 9
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PER CURIAM: Michael J. Brooker seeks to appeal the district
court's order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. The order is not appealable unless a
circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability
will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2006). When the
district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would
find that the district court's assessment of the constitutional claims is debatable or wrong. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, 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. 529 U.S. at 484-85. Slack,
We have independently reviewed the record
and conclude that Brooker has not made the 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
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Case: 10-6843 Document: 9
Date Filed: 12/09/2010
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before
the
court
and
argument
would
not
aid
the
decisional
process. DISMISSED
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