Aron Johnson, Jr. v. Nora Hunt
Filing
920090108
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 08-6463
ARON JOHNSON, JR., Petitioner - Appellant, v. NORA HUNT, Respondent - Appellee.
Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:08-cv-00020-GCM)
Submitted:
October 23, 2008
Decided:
January 8, 2009
Before WILKINSON and Senior Circuit Judge.
GREGORY,
Circuit
Judges,
and
HAMILTON,
Dismissed by unpublished per curiam opinion.
Aron Johnson, Jr., Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Aron court's order Johnson, denying Jr., seeks on his to 28 appeal U.S.C. the district (2000)
relief
§ 2254
petition.
The order is not appealable unless a circuit justice See 28 U.S.C.
or judge issues a certificate of appealability. § 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
substantial 28
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
(2000).
satisfies jurists
demonstrating assessment is of
constitutional
claims
district
court
debatable
wrong and that any dispositive procedural ruling by the district court is likewise debatable. See 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, and dismiss the appeal. we deny a certificate of appealability
We grant Johnson's motion to amend his
informal brief and deny his motion to amend to permit discovery. Finally, we dispense with oral argument because the facts
2
and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional
process. DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?