Norman Johnson v. Rick White ( 2023 )

USCA4 Appeal: 23-6925 Doc: 18 Filed: 12/19/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6925
NORMAN TRENT JOHNSON,
Petitioner - Appellant,
v.
RICK WHITE, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Henry E. Hudson, Senior District Judge. (3:23-cv-00473-HEH-MRC)
Submitted: December 14, 2023 Decided: December 19, 2023
Before GREGORY and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Norman Trent Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-6925 Doc: 18 Filed: 12/19/2023 Pg: 2 of 2
PER CURIAM:
Norman Trent Johnson seeks to appeal the district court’s order dismissing his 28
U.S.C. § 2254 petition as an unauthorized, successive § 2254 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)(A). 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). When, as here,
the district court denies relief on procedural grounds, the prisoner must demonstrate both
that the dispositive procedural ruling is debatable and that the petition states a debatable
claim of the denial of a constitutional right. Gonzalez v. Thaler, 565 U.S. 134, 140-41
(2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Johnson has not
made the requisite showing. Accordingly, we deny Johnson’s motions to amend the
judgment and for 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 this court and argument would not aid the decisional process.
DISMISSED
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