UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 09-7981

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
v.
LINCOLN MONROE BROCK,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Durham.
James A. Beaty, Jr.,
Chief District Judge.
(1:03-cr-00429-JAB-1; 1:08-cv-00605-JABDPD)

Submitted:

March 30, 2010

Decided:

April 5, 2010

Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lincoln Monroe Brock, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Lincoln
courts

order

Monroe

accepting

Brock
the

seeks

to

appeal

recommendation

of

the

the

district

magistrate

judge and denying relief on his 28 U.S.C.A. 2255 (West Supp.

2009) motion.
justice

or

The order is not appealable unless a circuit

judge

issues

certificate

U.S.C. 2253(c)(1) (2006).

not

issue

absent

constitutional
prisoner

satisfies

reasonable

constitutional

28

this

jurists

would

claims

by

appealability.

28

A certificate of appealability will

substantial

right.

of

showing

U.S.C.

the

the

denial

2253(c)(2)

standard
find

of

by

that

district

(2006).

demonstrating

any

assessment

court

is

of

a
A

that

of

the

debatable

or

wrong and that any dispositive procedural ruling by the district

court is likewise debatable.

Miller-El v. Cockrell, 537 U.S.

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

We have

independently reviewed the record and conclude that Brock has

not made the requisite showing.
leave

to

proceed

certificate
dispense

of

with

on

appeal

Accordingly, although we grant

in

appealability,
oral

argument

forma

and

pauperis,

dismiss

because

the

the

we

deny

appeal.

facts

and

a
We

legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.
DISMISSED
2