John Johnson v. Richard Bazzle
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
JOHN FITZGERALD JOHNSON, Petitioner - Appellant, v. RICHARD E. BAZZLE, Warden, Perry Correctional Institution, Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Columbia. Patrick Michael Duffy, District Judge. (3:07-cv-03750-PMD)
July 10, 2009
July 20, 2009
Before WILKINSON, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Fitzgerald Johnson, Appellant Pro Se. William Salter, III, Assistant Attorney General, Columbia, Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: John Fitzgerald Johnson seeks to appeal the district court's judge order and accepting the recommendation his 28 of the § magistrate (2006)
petition. or judge
The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2006). 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 Johnson has not made the of requisite showing. and Accordingly, dismiss the the we deny a We legal
appealability oral argument
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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