Vincent Foreman v. Gene Johnson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
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)
February 18, 2010
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
certificate (2006). absent
appealability. certificate of
§ 2253(c)(1) not issue
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
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
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?