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

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    Calvin Brown appealed the district court's denial of his petition for a writ of habeas corpus. The appeals court reviewed the record and determined that Brown did not make a substantial showing that his constitutional rights were denied. As reasonable jurists would not find his claims debatable, the appeals court denied Brown a certificate of appealability, denied his request to proceed in forma pauperis, and dismissed the appeal without oral argument.

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

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    Calvin Brown appealed the district court's denial of his petition for a writ of habeas corpus. The appeals court reviewed the record and determined that Brown did not make a substantial showing that his constitutional rights were denied. As reasonable jurists would not find his claims debatable, the appeals court denied Brown a certificate of appealability, denied his request to proceed in forma pauperis, and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2004-04-07 Precedential Status: Non-Precedential Docket: 03-7389

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    Calvin Brown appealed the district court's denial of his petition for a writ of habeas corpus. The appeals court reviewed the record and determined that Brown did not make a substantial showing that his constitutional rights were denied. As reasonable jurists would not find his claims debatable, the appeals court denied Brown a certificate of appealability, denied his request to proceed in forma pauperis, and dismissed the appeal without oral argument.

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

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    Calvin Brown appealed the district court's denial of his petition for a writ of habeas corpus. The appeals court reviewed the record and determined that Brown did not make a substantial showing that his constitutional rights were denied. As reasonable jurists would not find his claims debatable, the appeals court denied Brown a certificate of appealability, denied his request to proceed in forma pauperis, and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7389

    CALVIN A. BROWN,
    Petitioner - Appellant,
    versus
    WARDEN OF POWHATAN CORRECTIONAL CENTER,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (CA-02-1272)

    Submitted:

    February 2, 2004

    Decided:

    April 7, 2004

    Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Calvin A. Brown, Appellant Pro Se. Richard Bain Smith, Assistant


    Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Calvin A. Brown seeks to appeal the district courts
    order denying his petition filed under 28 U.S.C. 2254 (2000).

    An

    appeal may not be taken from the final order in a habeas corpus
    proceeding 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 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 that Brown has not made the
    requisite

    showing.

    Accordingly,

    we

    deny

    certificate

    of

    appealability, deny Browns motions to proceed in forma pauperis,


    and dismiss the appeal. We dispense with oral argument because the
    facts

    and

    materials

    legal
    before

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    DISMISSED

    - 2 -

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