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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7844 JOHNNIE L. JOHNSON, Petitioner - Appellant, v. LEROY CARTLEDGE, Acting Warden, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. G. Ross Anderson, Jr., Senior District Judge. (0:08-cv-02071-GRA) Submitted: December 17, 2009 Decided: December 31, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Johnnie L. Johnson, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Johnnie L. Johnson 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 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: 09-7844
Citation Numbers: 359 F. App'x 400
Judges: Wilkinson, Niemeyer, Agee
Filed Date: 12/31/2009
Precedential Status: Non-Precedential
Modified Date: 11/5/2024