US v. Terry Johnson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
December 11, 2008
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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
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.
decisional process. DISMISSED
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?