Curtis Brooks v. Director, VA DOC

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999166982-2], updating certificate of appealability status Originating case number: 1:13-cv-00631-LMB-TRJ Copies to all parties and the district court/agency. [999203319].. [13-7032]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7032

CURTIS RAY BROOKS,
Petitioner - Appellant,
v.
DIRECTOR OF THE VIRGINIA DEPARTMENT OF CORRECTIONS, et. al.,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Leonie M. Brinkema,
District Judge. (1:13-cv-00631-LMB-TRJ)

Submitted:

September 24, 2013

Before NIEMEYER and
Senior Circuit Judge.

THACKER,

Decided:

Circuit

September 27, 2013

Judges,

and

HAMILTON,

Dismissed by unpublished per curiam opinion.

Curtis Ray Brooks, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Curtis Ray Brooks seeks to appeal the district court’s
order

dismissing

petition.
or

judge

as

successive

28

U.S.C.

§ 2254

(2006)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1)(A) (2006).
issue

his

absent

“a

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

of

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

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.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive
procedural ruling is debatable, and that the petition states a
debatable claim of the denial of a constitutional right.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Brooks has not made the requisite showing.

Accordingly, we

deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED

3