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UNPUBLISHED PER CURIAM OPINION filed.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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Appeal: 16-6676 Doc: 8 Filed: 10/04/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6676 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WALTER BROOKS, Defendant - Appellant.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 Dismissed by unpublished per curiam opinion.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 Attorney, Stephen David Schiller, Richmond, Virginia, for Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6676 Doc: 8 Filed: 10/04/2016 Pg: 2 of 3 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 2 Appeal: 16-6676 before Doc: 8 this Filed: 10/04/2016 court and Pg: 3 of 3 argument would not aid the decisional process. DISMISSED 3

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