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  • Charles Brooks v. Eric Wilson, 4th Cir. (2015)

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    1) Charles Brooks, a District of Columbia Code offender, appealed the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. 2) The Fourth Circuit Court of Appeals dismissed the appeal for lack of a certificate of appealability, which is required to appeal the denial of a §2241 petition. 3) The court independently reviewed the record and determined that Brooks did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2015-03-19 Precedential Status: Non-Precedential Docket: 14-7362

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    1) Charles Brooks, a District of Columbia Code offender, appealed the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. 2) The Fourth Circuit Court of Appeals dismissed the appeal for lack of a certificate of appealability, which is required to appeal the denial of a §2241 petition. 3) The court independently reviewed the record and determined that Brooks did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Public Domain
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    23 views3 pages

    Charles Brooks v. Eric Wilson, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    1) Charles Brooks, a District of Columbia Code offender, appealed the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. 2) The Fourth Circuit Court of Appeals dismissed the appeal for lack of a certificate of appealability, which is required to appeal the denial of a §2241 petition. 3) The court independently reviewed the record and determined that Brooks did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-7362

    CHARLES BROOKS,
    Petitioner - Appellant,
    v.
    ERIC D. WILSON, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond.
    Henry E. Hudson, District
    Judge. (3:12-cv-00853-HEH)

    Submitted:

    March 17, 2015

    Decided:

    March 19, 2015

    Before WILKINSON and KING, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Charles Brooks, Appellant Pro Se.


    Jonathan Holland Hambrick,
    Assistant United States Attorney, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Charles Brooks, a District of Columbia Code offender, seeks
    to appeal the district courts order denying relief on his 28
    U.S.C. 2241
    unless

    (2012)

    circuit

    appealability.

    petition.

    justice

    or

    The
    judge

    order

    is

    issues

    not

    appealable

    certificate

    of

    See 28 U.S.C. 2253(c)(1)(A) (2012); Wilson v.

    U.S. Parole Commn, 652 F.3d 348, 351-52 (3d Cir. 2011); Madley
    v. U.S. Parole Commn, 278 F.3d 1306, 1308 (D.C. Cir. 2002).
    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) (2012).
    relief

    on

    reasonable

    the

    merits,

    jurists

    would

    When the district court denies

    prisoner
    find

    that

    must
    the

    demonstrate
    district

    that

    courts

    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).
    denies

    relief

    demonstrate

    on

    both

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    ruling

    must
    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, deny leave to proceed in forma


    pauperis,

    and

    dismiss

    the

    appeal.
    2

    We

    dispense

    with

    oral

    argument because the facts and legal contentions are adequately


    presented in the materials before this court and argument would
    not aid the decisional process.
    DISMISSED

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