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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7098 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BOBBY JAMES BROWN, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (1:00-cr- 00100-AMD; 1:04-cv-02322) Submitted: December 8, 2006 Decided: December 27, 2006 Before WILLIAMS, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Bobby James Brown, Appellant Pro Se. Stephen Matthew Schenning, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bobby James Brown seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2255(2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683-84 (4th Cir. 2001). 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. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED - 2 -
Document Info
Docket Number: 06-7098
Citation Numbers: 211 F. App'x 173
Judges: Williams, Traxler, King
Filed Date: 12/27/2006
Precedential Status: Non-Precedential
Modified Date: 11/5/2024