Robert Walls v. Gene Johnson

Filing 920100202

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7195

ROBERT WALLS, JR., Petitioner - Appellant, v. GENE M. JOHNSON, Corrections, Director of the Virginia Department of

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:08-cv-00500-RBS-JEB)

Submitted:

January 14, 2010

Decided:

February 2, 2010

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Walls, Jr., Appellant Pro Se. THE ATTORNEY GENERAL OF VIRGINIA, Appellee.

Karen Misbach, OFFICE OF Richmond, Virginia, for

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Robert court's order Walls, Jr., seeks on his to 28 appeal U.S.C. the district (2006)

denying

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) (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 Walls 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