US v. Jeremy Brown

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:09-cr-00014-JPB-DJJ-1,2:12-cv-00070-JPB-DJJ Copies to all parties and the district court/agency. [999291250]. Mailed to: Jeremy Brown. [13-7495]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7495

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JEREMY TODD BROWN,
Defendant - Appellant.

Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge.
(2:09-cr-00014-JPB-DJJ-1; 2:12-cv-00070JPB-DJJ)

Submitted:

January 28, 2014

Decided:

February 5, 2014

Before AGEE, DAVIS, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jeremy Todd Brown, Appellant Pro Se.
Stephen Donald Warner,
Assistant United States Attorney, Elkins, West Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jeremy Todd Brown seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2255 (2012) motion.

The order

is not appealable unless a circuit justice or judge issues a
certificate of appealability.
A

certificate

of

28 U.S.C. § 2253(c)(1)(B) (2012).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

standard

find

U.S.

that

the

claims

constitutional
529

by

is

473,

484

(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

claim of the denial of a constitutional right.

a

debatable

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude
that Brown has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3