Brown v. Virginia

Full title: Michael John BROWN, Petitioner-Appellant, v. VIRGINIA BEACH CIRCUIT COURT…

Court: United States Court of Appeals, Fourth Circuit

Date published: Sep 7, 2007

Facts

Michael John Brown seeks to appeal the district court’s order dismissing without prejudice his 28 U.S.C. § 2254 (2000) petition because he failed to comply with the court’s order to cure defects in his petition and to pay the filing fee or move to proceed in forma pauperis. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not be issued absent “a substantial showing of the denial of a constitutional right.

Issue

Decision

 Accordingly, we deny Brown’s motion for appointment of counsel, 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 before the court, and argument would not aid the decisional process.

DISMISSED.

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