Johnson v. United States

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7387
JOHN HENRY JOHNSON,
Plaintiff - Appellant,
versus
UNITED STATES OF AMERICA,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-99-892-7)
Submitted: January 29, 2003 Decided: February 27, 2003
Before WILKINS, Chief Judge, MOTZ, Circuit Judge, and HAMILTON,
Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
John Henry Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John Henry Johnson seeks to appeal the district court’s orders
denying relief on his Fed. R. Civ. P. 60(b) motion, which the
district court construed as a petition filed under 28 U.S.C. § 2254(2000), and denying his motion for reconsideration. We have
reviewed the record and conclude on the reasoning of the district
court that Johnson has not made a substantial showing of the denial
of a constitutional right. See Johnson v. United States, No. CA-99-
892-7 (W.D. Va. June 20, 2002). Accordingly, we deny a certificate
of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c)
(2000). 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