US v. Wendell Johnson

Filing 920091221

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7591

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WENDELL ANTONIO JOHNSON, Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel J. Wilson, District Judge. (7:04-cr-00128-sgw-mfu-1; 7:09-cv-80139-sgw-mfu)

Submitted:

December 15, 2009

Decided:

December 21, 2009

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Wendell Antonio Johnson, Appellant Pro Se. Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Wendell Antonio Johnson seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (West Supp. 2009) motion. The order is not appealable unless a circuit See 28

justice or judge issues a certificate of appealability. U.S.C. § 2253(c)(1) (2006). not issue absent "a

A certificate of appealability will showing of the denial (2006). of a A that the or

substantial 28

constitutional prisoner reasonable

right." this would by

U.S.C. standard

§ 2253(c)(2) by any

satisfies jurists

demonstrating assessment is of

find the

that

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 Johnson 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