Henry v. Johnson , 301 F. App'x 208 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7245
CHRISTOPHER S. HENRY,
Petitioner - Appellant,
v.
GENE M. JOHNSON, Mr., Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. M. Hannah Lauck, Magistrate
Judge. (3:07-cv-00583-MHL)
Submitted: November 20, 2008 Decided: December 1, 2008
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Christopher S. Henry, Appellant Pro Se. Leah Ann Darron,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Christopher S. Henry seeks to appeal the magistrate
judge’s order denying relief on his 28 U.S.C. § 2254 (2000)
petition. ∗ 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
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 any assessment of the
constitutional claims by the magistrate judge is debatable or
wrong and that any dispositive procedural ruling by the
magistrate judge 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
Henry has not made the requisite showing. Accordingly, we deny
a certificate of appealability and dismiss the appeal. We
dispense with oral argument because the facts and legal
∗
This case was decided by the magistrate judge upon consent
of the parties under 28 U.S.C. § 636(c) (2000) and Fed. R. Civ.
P. 73.
2
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
3