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Brooks v. Stansberry, 4th Cir. (2010)
Brooks v. Stansberry, 4th Cir. (2010)
No. 10-6544
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:10-cv-00067-GBL-TCB; 1:02-cr-00135-GBL-1)
Submitted:
Decided:
September 2, 2010
PER CURIAM:
Walter D. Brooks, III, seeks to appeal the district
courts order treating his 28 U.S.C.A. 2241 (West 2006 & Supp.
2010) petition as a successive 28 U.S.C.A. 2255 (West Supp.
2010) motion, and dismissing it on that basis.
appealable
unless
circuit
certificate of appealability.
certificate
of
justice
appealability
will
or
judge
not
issue
absent
on
the
demonstrating
district
debatable
merits,
that
courts
or
prisoner
reasonable
assessment
wrong.
Slack
satisfies
jurists
this
would
of
the
v.
McDaniel,
standard
find
constitutional
529
U.S.
by
that
the
claims
is
473,
484
is
debatable,
and
that
the
motion
states
debatable
at
the
484-85.
conclude
that
We
have
Brooks
independently
has
not
made
reviewed
the
record
requisite
and
showing.
before
the
court
and
argument
would
not
aid
the
decisional
process.
DISMISSED