US v. Walter Brook
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999927400-2], denying Motion certificate of appealability (Local Rule 22(a)) [999825238-2]. Originating case number: 3:11-cr-00310-JAG-1, 3:14-cv-00092-JAG. Copies to all parties and the district court/agency. [999940738]. Mailed to: Walter Brooks. [16-6676]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6676
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WALTER BROOKS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
John A. Gibney, Jr.,
District Judge. (3:11-cr-00310-JAG-1; 3:14-cv-00092-JAG)
Submitted:
September 29, 2016
Decided:
October 4, 2016
Before SHEDD, KEENAN, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Walter Brooks, Appellant
Assistant United States
Appellee.
Pro Se.
Attorney,
Stephen David Schiller,
Richmond, Virginia, for
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Walter Brooks seeks to appeal the district court’s order
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.
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
Brooks has not made the requisite showing.
Accordingly, we deny
Brooks’ motion for 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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argument
would
not
aid
the
decisional
process.
DISMISSED
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