Johnson v. Secretary of Public Safety and , 356 F. App'x 670 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7531
    STEVEN M. JOHNSON,
    Petitioner - Appellant,
    v.
    SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL SERVICES,
    Respondent - Appellee.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.     J. Frederick Motz, District Judge.
    (1:08-cv-02153-JFM)
    Submitted:    December 15, 2009             Decided:   December 18, 2009
    Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Steven M. Johnson, Appellant Pro Se. Glenn William Bell, OFFICE
    OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Steven M. Johnson 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 Johnson
    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: 09-7531

Citation Numbers: 356 F. App'x 670

Judges: Michael, Duncan, Hamilton

Filed Date: 12/18/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024