Bramwell v. Compton

U.S. Court of Appeals for the Fourth Circuit
Bramwell v. Compton, 112 F. App'x 299 (4th Cir. 2004)

Bramwell v. Compton

Opinion

PER CURIAM:

Marlon Bramwell seeks to appeal the district court’s order denying his motion for reconsideration of an order construing his petition filed under 28 U.S.C. § 2241 (2000) as a motion to vacate his conviction under 28 U.S.C. § 2255 (2000) and denying it as successive. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealabihty. 28 U.S.C. § 2253(c)(1) (2000); see Reid v. Angelone, 369 F.3d 363, 368-69, 374 n. 7 (4th Cir. 2004). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Bramwell has not made the requisite showing. Accordingly, we deny a certificate of appealabihty, deny Bramwell’s motion to proceed in forma pauperis, and dismiss the appeal.

Additionally, we construe Bramwell’s notice of appeal and informal brief on appeal as an application to file a second or successive § 2255 motion. See United States v. Winestock, 340 F.3d 200, 208 (4th Cir.), cert. denied, — U.S. —, 124 S.Ct. 496, 157 L.Ed.2d 395 (2003). In order to obtain authorization to file a successive § 2255 motion, a prisoner must assert claims based on either: (1) a new rule of constitutional law, previously unavailable, made retroactive by the Supreme Court to cases on collateral review; or (2) newly discovered evidence that would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense. 28 U.S.C. §§ 2244(b)(2), 2255 (2000). Bramwell’s claims do not satisfy either of these conditions. Therefore, we decline to authorize Bramwell to file a successive § 2255 motion. 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

Reference

Full Case Name
Marlon BRAMWELL, Petitioner-Appellant, v. B.G. COMPTON, Respondent-Appellee
Status
Unpublished