Johnnie Pettaway v. Commonwealth of Virginia

Filing 920091027

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7215 JOHNNIE PETTAWAY, Petitioner Appellant, v. COMMONWEALTH OF VIRGINIA; GOVERNOR; ATTORNEY GENERAL; COMMONWEALTH ATTORNEY'S OFFICE OF THE CITY OF NEWPORT NEWS, Respondents Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:09-cv-00481-JCC-IDD) Submitted: October 20, 2009 Decided: October 27, 2009 Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge. NIEMEYER, Circuit Judge, and Dismissed by unpublished per curiam opinion. Johnnie Pettaway, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Johnnie Pettaway seeks to appeal the district court's order dismissing as successive 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). have independently reviewed the record and conclude We that Pettaway has not made the requisite showing. Accordingly, we We deny a certificate of appealability and dismiss the appeal. dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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