James Brandon, Jr. v. Eric Wilson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999301699-2] Originating case number: 1:13-cv-01324-CMH-JFA Copies to all parties and the district court/agency. [999368138]. Mailed to: James Brandon, Jr.. [14-6146]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6146
JAMES EDWARD BRANDON, JR.,
Petitioner – Appellant,
v.
ERIC WILSON, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:13-cv-01324-CMH-JFA)
Submitted:
May 29, 2014
Decided:
June 3, 2014
Before SHEDD, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Edward Brandon, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
James
Edward
Brandon,
Jr.,
seeks
to
appeal
the
district court’s order construing his filing as a successive 28
U.S.C. § 2255 (2012) motion and dismissing it.
appealable
unless
a
circuit
certificate of appealability.
A
certificate
of
justice
The order is not
or
judge
issues
a
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.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
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 Brandon 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
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