Walter Brooks, III v. Patricia Stansberry, No. 10-6544 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6544 WALTER D. BROOKS, III, Petitioner - Appellant, v. PATRICIA STANSBERRY, Warden, Respondent - Appellee. 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: August 26, 2010 Decided: September 2, 2010 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Walter D. Brooks, III, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Walter D. Brooks, III, seeks to appeal the district court s 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 a circuit certificate of issues a 28 U.S.C. § 2253(c)(1) (2006). certificate of appealability. justice The order is not A appealability will or judge not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2006). relief on the demonstrating district debatable merits, that court s or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find that U.S. the claims constitutional 529 by is 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at the 484-85. conclude that We have Brooks independently has not made reviewed the record requisite and 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 2 before the court and argument would not aid the decisional process. DISMISSED 3
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