Samuel Farnsworth v. Gene Johnson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
SAMUEL L. FARNSWORTH, Petitioner Appellant, v. GENE M. JOHNSON, Corrections, Director of the Virginia Department of
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:07-cv-00183-RBS-TEM)
September 26, 2008
November 5, 2008
Before WILKINSON, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Samuel L. Farnsworth, Appellant Pro Se. Virginia Bidwell Theisen, Senior Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Samuel court's judge order and L. Farnsworth the seeks to appeal of the district
recommendation his 28
petition. or judge
The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000). issue absent "a
A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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 Farnsworth has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
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