Johnnie Pettaway v. Commonwealth of Virginia
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
October 20, 2009
October 27, 2009
Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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)
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
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. 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
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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