Vincent Foreman v. Gene Johnson

Filing 920100224

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7689 VINCENT LEE FOREMAN, Petitioner - Appellant, v. GENE M. JOHNSON, Corrections, Director of the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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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