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    United States v. Brooks, 4th Cir. (2004)

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    Randy Richard Brooks appealed the district court's dismissal of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals must issue a certificate of appealability for Brooks to appeal the district court's order. To receive a certificate, Brooks must demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court made a debatable procedural error. However, the Fourth Circuit independently reviewed the record and determined that Brooks did not make the required showing. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    United States v. Brooks, 4th Cir. (2004)

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    Randy Richard Brooks appealed the district court's dismissal of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals must issue a certificate of appealability for Brooks to appeal the district court's order. To receive a certificate, Brooks must demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court made a debatable procedural error. However, the Fourth Circuit independently reviewed the record and determined that Brooks did not make the required showing. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    Filed: 2004-07-02 Precedential Status: Non-Precedential Docket: 04-6676

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    Randy Richard Brooks appealed the district court's dismissal of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals must issue a certificate of appealability for Brooks to appeal the district court's order. To receive a certificate, Brooks must demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court made a debatable procedural error. However, the Fourth Circuit independently reviewed the record and determined that Brooks did not make the required showing. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    United States v. Brooks, 4th Cir. (2004)

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    Scribd Government Docs
    Randy Richard Brooks appealed the district court's dismissal of his 28 U.S.C. § 2255 motion. The Fourth Circuit Court of Appeals must issue a certificate of appealability for Brooks to appeal the district court's order. To receive a certificate, Brooks must demonstrate that reasonable jurists would find his constitutional claims debatable or that the district court made a debatable procedural error. However, the Fourth Circuit independently reviewed the record and determined that Brooks did not make the required showing. Therefore, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6676

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    RANDY RICHARD BROOKS,
    Defendant - Appellant.

    Appeal from the United States District


    District of North Carolina, at Durham.
    District Judge. (CR-01-37; CA-02-834-1)

    Court for the Middle


    James A. Beaty, Jr.,

    Submitted:

    Decided:

    June 24, 2004

    July 2, 2004

    Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Randy Richard Brooks, Appellant Pro Se.


    Sandra Jane Hairston,
    Assistant United States Attorney, Greensboro, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Randy Richard Brooks seeks to appeal the district courts
    order dismissing his 28 U.S.C. 2255 (2000) motion. Brooks cannot
    appeal this order unless a circuit judge or justice issues a
    certificate of appealability, and 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 habeas

    appellant meets this standard by demonstrating that reasonable


    jurists would find that his constitutional claims are debatable and
    that any dispositive procedural rulings by the district court are
    also debatable or wrong.

    See Miller-El v. Cockrell, 537 U.S. 322,

    336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v.
    Lee, 252 F.3d 676, 683 (4th Cir. 2001).

    We have independently

    reviewed the record and conclude 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 before the
    court and argument would not aid the decisional process.

    DISMISSED

    - 2 -

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