Grant v. Johnson , 357 F. App'x 504 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7526
    ROBERT TERRELL GRANT,
    Petitioner - Appellant,
    v.
    GENE M. JOHNSON, Director Of Virginia D.O.C.,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.    Claude M. Hilton, Senior
    District Judge. (1:08-cv-00714-CMH-JFA)
    Submitted:    November 19, 2009             Decided:   December 3, 2009
    Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Robert Terrell Grant, Appellant Pro Se.        Gregory William
    Franklin, OFFICE OT THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
    Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Robert       Terrell     Grant       seeks    to        appeal   the    district
    court’s    order    denying    relief       on    his     
    28 U.S.C. § 2254
        (2006)
    petition.     The order is not appealable unless a circuit justice
    or judge issues a certificate of appealability.                              See 
    28 U.S.C. § 2253
    (c)(1) (2006).           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)          (2006).        A
    prisoner     satisfies        this        standard        by        demonstrating          that
    reasonable    jurists       would     find       that     any        assessment       of     the
    constitutional      claims     by    the     district      court        is   debatable        or
    wrong and that any dispositive procedural ruling by the district
    court is likewise debatable.                 See 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 Grant
    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
    contentions are adequately presented in the materials before the
    court and argument would not aid the decisional process.
    DISMISSED
    2
    

Document Info

Docket Number: 09-7526

Citation Numbers: 357 F. App'x 504

Judges: Motz, Gregory, Shedd

Filed Date: 12/3/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024