Booker v. Johnson , 357 F. App'x 528 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7604
    DILLARD J. BOOKER,
    Petitioner - Appellant,
    v.
    GENE M. JOHNSON,      Director   of   the   Virginia   Department   of
    Corrections,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (2:08-cv-00507-RAJ-JEB)
    Submitted:    December 15, 2009             Decided:    December 21, 2009
    Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Dillard J. Booker, Appellant Pro Se.       Susan Mozley Harris,
    Assistant Attorney General, Richmond, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Dillard J. Booker seeks to appeal the district court’s
    order accepting the recommendation of the magistrate judge and
    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.                  
    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.                             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    Booker       has    not    made     the     requisite      showing.
    Accordingly,         we    deny     Booker’s       motion        for     transcript     at
    government     expense,      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: 09-7604

Citation Numbers: 357 F. App'x 528

Judges: Michael, Duncan, Hamilton

Filed Date: 12/21/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024