Walter Wilson, Jr. v. Gene Johnson

Filing 920090930

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6416 WALTER STEVE WILSON, JR., Petitioner - Appellant, v. GENE JOHNSON, Corrections, Director of the Virginia Department of Respondent - Appellee, and STATE OF VIRGINIA, Respondent. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:08-cv-00578-jlk-mfu) Submitted: August 21, 2009 Decided: September 30, 2009 Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Walter Steve Wilson, Jr., Appellant Pro Se. Leah A. Darron, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Walter Steve Wilson, Jr., seeks to appeal the district court's order denying relief on his 28 U.S.C. 2254 (2006) 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) (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 substantial 28 constitutional prisoner reasonable right." this would by 2253(c)(2) by any (2006). 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 Wilson has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal dismiss the with because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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