Clayton Martin, Jr. v. Gene Johnson

Filing 920100513

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7673

CLAYTON C. MARTIN, JR., Petitioner - Appellant, v. GENE M. JOHNSON, Director of Va Dept of Corrections, Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:08-cv-01254-TSE-TRJ)

Submitted:

April 27, 2010

Decided:

May 13, 2010

Before NIEMEYER and Senior Circuit Judge.

GREGORY,

Circuit

Judges,

and

HAMILTON,

Dismissed by unpublished per curiam opinion.

Clayton C. Martin, Jr., Appellant Pro Se. Karen Misbach, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Clayton C. Martin, Jr., 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 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 Martin 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