US v. Thomas Braddy, Jr., No. 13-8008 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-8008 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. THOMAS MONIQUE BRADDY, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, Chief District Judge. (4:07-cr-00048-RBS-1; 4:13-cv-00162-RBS) Submitted: February 20, 2014 Decided: February 26, 2014 Before DUNCAN, DIAZ, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomas Monique Braddy, Jr., Zlotnick, Assistant United Virginia, for Appellee. Appellant Pro Se. States Attorney, Howard Newport Jacob News, Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Thomas Monique Braddy, Jr., seeks to appeal the district court s order dismissing his 28 U.S.C. § 2255 (2012) motion as and unless appealable successive circuit a unauthorized. certificate of appealability. A certificate of justice The or order judge is not issues a 28 U.S.C. § 2253(c)(1)(B) (2012). 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 the demonstrating district merits, that court s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this standard find U.S. that 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 claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Braddy has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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