US v. Terry Johnson

Filing 920081218

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7568 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TERRY KERMIT JOHNSON, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:98-cr-00289-RKV-6; 5:03-cv00049-RLV) Submitted: December 11, 2008 Decided: December 18, 2008 Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Terry Kermit Johnson, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terry Kermit Johnson seeks to appeal the district court's order denying his motion to reopen under Fed. R. Civ. P. 60(b)(4). or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2000); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." this 28 U.S.C. 2253(c)(2) (2000). by demonstrating that A prisoner satisfies jurists would standard reasonable 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 record (4th and Cir. 2001). that We have independently has not made reviewed the the conclude Johnson requisite showing. Accordingly, we deny a certificate of appealability We dispense with oral argument because and dismiss the appeal. the facts and legal contentions are adequately presented in the The underlying Rule 60(b) motion is Johnson's sixth postjudgment motion seeking reconsideration of the district court's July 2006 order denying relief on his 28 U.S.C. 2255 (2000) motion. 2 materials before the court and argument would not aid the decisional process. DISMISSED 3

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