Curtis Brooks v. Commonwealth of Virginia ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6799
CURTIS RAY BROOKS,
Petitioner - Appellant,
v.
COMMONWEALTH OF VIRGINIA; D. B. EVERETT,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:10—cv-01393-LMB-IDD)
Submitted: September 29, 2011 Decided: October 5, 2011
Before KING, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Curtis Ray Brooks, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Curtis Ray Brooks seeks to appeal the district court’s
order dismissing his 28 U.S.C. § 2254 (2006) petition as
successive. The order is not appealable unless a circuit
justice or judge issues a certificate of appealability. See 28
U.S.C. § 2253(c)(1)(A) (2006). A certificate of appealability
will not issue absent “a substantial showing of the denial of a
constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). 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 (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 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 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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before the court and argument would not aid the decisional
process.
DISMISSED
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