Lee Wilson, Jr. v. Gene Johnson

Filing 920100224

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7431

LEE O. WILSON, JR., Petitioner - Appellant, v. GENE M. JOHNSON, Mr., Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:08-cv-00794-LMB-TRJ)

Submitted:

February 18, 2010

Decided:

February 24, 2010

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lee O. Wilson, Jr., Appellant Pro Se. John Michael Parsons, Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Lee court's order O. Wilson, 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 Wilson has not made the requisite showing. Accordingly, we deny a We deny en banc legal

certificate of appealability and dismiss the appeal. Wilson's hearing, motions and for for appointment argument of counsel, the for facts an

oral

because

and

contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2