Jason Clem v. Gene Johnson

Filing 920100407

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7650

JASON RICHARD-CHARLES CLEM, Petitioner - Appellant, v. GENE JOHNSON, Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:09-cv-00015-sgw-mfu)

Submitted:

February 25, 2010

Decided:

April 7, 2010

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

Dismissed by unpublished per curiam opinion.

Jason Richard-Charles Clem, Appellant Pro Se. Robert H. Anderson, III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Jason Richard-Charles Clem seeks to appeal the

district court's order denying relief on his 28 U.S.C. § 2254 (2006) petition. 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 Clem has not made the requisite showing. Accordingly, we deny a We further We dispense

certificate of appealability and dismiss the appeal. deny Clem's motion for the appointment of counsel.

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