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    Brown v. Johnson, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Isaac Sheldon Brown's appeal from the denial of his 28 U.S.C. § 2254 habeas corpus petition. The court will not issue a certificate of appealability for claims dismissed on procedural grounds unless the movant demonstrates that reasonable jurists would find it debatable whether the petition states a valid constitutional claim and whether the procedural ruling was correct. The court reviewed the record and determined Brown did not make the required showing, so it denies his motion for a certificate of appealability and dismisses the appeal.

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    Brown v. Johnson, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Isaac Sheldon Brown's appeal from the denial of his 28 U.S.C. § 2254 habeas corpus petition. The court will not issue a certificate of appealability for claims dismissed on procedural grounds unless the movant demonstrates that reasonable jurists would find it debatable whether the petition states a valid constitutional claim and whether the procedural ruling was correct. The court reviewed the record and determined Brown did not make the required showing, so it denies his motion for a certificate of appealability and dismisses the appeal.

    Original Description:

    Filed: 2004-02-20 Precedential Status: Non-Precedential Docket: 03-7216

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Isaac Sheldon Brown's appeal from the denial of his 28 U.S.C. § 2254 habeas corpus petition. The court will not issue a certificate of appealability for claims dismissed on procedural grounds unless the movant demonstrates that reasonable jurists would find it debatable whether the petition states a valid constitutional claim and whether the procedural ruling was correct. The court reviewed the record and determined Brown did not make the required showing, so it denies his motion for a certificate of appealability and dismisses the appeal.

    Copyright:

    Public Domain
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    7 views2 pages

    Brown v. Johnson, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Isaac Sheldon Brown's appeal from the denial of his 28 U.S.C. § 2254 habeas corpus petition. The court will not issue a certificate of appealability for claims dismissed on procedural grounds unless the movant demonstrates that reasonable jurists would find it debatable whether the petition states a valid constitutional claim and whether the procedural ruling was correct. The court reviewed the record and determined Brown did not make the required showing, so it denies his motion for a certificate of appealability and dismisses the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7216

    ISAAC SHELDON BROWN,


    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director, Virginia Department
    of Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (CA-03-227-AM)

    Submitted: February 12, 2004

    Decided:

    February 20, 2004

    Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Isaac Sheldon Brown, Appellant Pro Se. Leah Ann Darron, Assistant
    Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Isaac Sheldon Brown appeals from the denial of his 28
    U.S.C. 2254 (2000) petition by the district court.

    An appeal may

    not be taken from the final order in a habeas corpus proceeding


    unless

    circuit

    appealability.

    judge

    or

    justice

    issues

    28 U.S.C. 2253(c)(1)(2000).

    certificate

    of

    This court will not

    issue a certificate of appealability as to claims dismissed by a


    district

    court

    demonstrate

    both

    on

    procedural

    (1)

    that

    grounds
    jurists

    of

    unless
    reason

    the

    movant

    would

    find

    can
    it

    debatable whether the petition states a valid claim of the denial


    of a constitutional right and (2) that jurists of reason would
    find it debatable whether the district court was correct in its
    procedural ruling.

    Rose v. Lee, 252 F.3d 676, 684 (4th Cir.

    2001) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)).


    We have reviewed the record and determine that Brown has
    not made the requisite showing.
    U.S. 322, 336 (2003).

    See Miller-El v. Cockrell, 537

    Accordingly, we deny Browns 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 before the court and argument
    would not aid in the decisional process.

    DISMISSED

    - 2 -

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