Brown v. Johnson , 87 F. App'x 902 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7216
ISAAC SHELDON BROWN,
Petitioner - Appellant,
versus
GENE M. JOHNSON, Director, Virginia Department
of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CA-03-227-AM)
Submitted: February 12, 2004 Decided: February 20, 2004
Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Isaac Sheldon Brown, Appellant Pro Se. Leah Ann Darron, Assistant
Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Isaac Sheldon Brown appeals from the denial of his 28
U.S.C. § 2254 (2000) petition by the district court. An appeal may
not be taken from the final order in a habeas corpus proceeding
unless a circuit judge or justice issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(2000). This court will not
issue a certificate of appealability as to claims dismissed by a
district court on procedural grounds unless the movant can
demonstrate both “(1) ‘that jurists of reason would find it
debatable whether the petition states a valid claim of the denial
of a constitutional right’ and (2) ‘that jurists of reason would
find it debatable whether the district court was correct in its
procedural ruling.’” Rose v. Lee, 252 F.3d 676, 684 (4th Cir.
2001) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have reviewed the record and determine that Brown has
not made the requisite showing. See Miller-El v. Cockrell, 537
U.S. 322, 336 (2003). Accordingly, we deny Brown’s motion for 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 before the court and argument
would not aid in the decisional process.
DISMISSED
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