Benjamin Roberts v. Gene Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cv-00870-LO-IDD Copies to all parties and the district court/agency. [998602460]. Mailed to: Roberts. [11-6160]

Appeal: 11-6160

Document: 11

Date Filed: 06/01/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6160

BENJAMIN ROBERTS,
Petitioner - Appellant,
v.
GENE M. JOHNSON,
Respondent – Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Liam O’Grady, District
Judge. (1:10-cv-00870-LO-IDD)

Submitted:

May 26, 2011

Decided:

June 1, 2011

Before KING, SHEDD, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Benjamin Roberts, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6160

Document: 11

Date Filed: 06/01/2011

Page: 2 of 3

PER CURIAM:
Benjamin Roberts seeks to appeal the district court’s
order

dismissing

petition.
or

judge

as

his

28

U.S.C.

§ 2254

(2006)

The order is not appealable unless a circuit justice
issues

a

certificate

§ 2253(c)(1) (2006).
issue

untimely

absent

“a

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

of

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

When the

district court denies relief on the merits, a prisoner satisfies
this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district court’s assessment of the constitutional
claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see Miller-El

v.

537

U.S.

322,

336-38

When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive
procedural ruling is debatable, and that the petition states a
debatable claim of the denial of a constitutional right.
529 U.S. at 484-85.

Slack,

We have independently reviewed the record

and conclude that Roberts has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss
the appeal.

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

2

Appeal: 11-6160

before

Document: 11

the

court

Date Filed: 06/01/2011

and

argument

would

Page: 3 of 3

not

aid

the

decisional

process.
DISMISSED

3