Vincent Foreman v. Gene Johnson

Filing 920100224

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7689

VINCENT LEE FOREMAN, Petitioner - Appellant, v. GENE M. JOHNSON, Corrections, Director of the Virginia Department of

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (2:09-cv-00164-JBF-FBS)

Submitted:

February 18, 2010

Decided:

February 24, 2010

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Vincent Lee Foreman, 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Unpublished opinions are not binding precedent in this circuit.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: Vincent Lee Foreman seeks to appeal the district

court's order dismissing without prejudice his 28 U.S.C. § 2254 (2006) petition unless a as successive. justice See 28 or The judge order issues is a not appealable of A "a

circuit

certificate (2006). absent

appealability. certificate of

U.S.C.

§ 2253(c)(1) not issue

appealability

will

substantial showing of the denial of a constitutional right." 28 U.S.C. by § 2253(c)(2) (2006). that A prisoner satisfies would this find

standard

demonstrating

reasonable

jurists

that any assessment of the constitutional claims by the district court is debatable or 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). that we We have independently has not made motion reviewed the for the record and

conclude

Foreman deny

requisite a

showing. of

Accordingly,

Foreman's

certificate

appealability and dismiss the appeal.

We dispense 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