US v. Mario Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 5:04-cr-00270-H-1, 5:12-cv-00441-H. Copies to all parties and the district court/agency. [999092380]. Mailed to: Mario Johnson. [13-6287]

Appeal: 13-6287

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6287

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARIO LAMONT JOHNSON,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (5:04-cr-00270-H-1; 5:12-cv-00441-H)

Submitted:

April 18, 2013

Decided:

April 23, 2013

Before WILKINSON, GREGORY, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mario Lamont Johnson, Appellant Pro Se. Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Mario
court’s

order

Lamont

Johnson

dismissing

(West Supp. 2012) motion.

as

seeks

untimely

to

appeal

his

28

the

district

U.S.C.A.

§ 2255

The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.
28

U.S.C.

§ 2253(c)(1)(B)

(2006).

A

certificate

of

appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”

28 U.S.C. § 2253(c)(2).

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

constitutional claims is debatable or wrong.

of

the

Slack v. McDaniel,

529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S.
322, 336-38 (2003).

When the district court denies relief on

procedural grounds, the prisoner must demonstrate both that the
dispositive procedural ruling is debatable, and that the motion
states

a

debatable

claim

of

the

right.

denial

of

a

constitutional

Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude

that Johnson has not made the requisite showing.

Accordingly,

we deny a certificate of appealability and dismiss the appeal.
We

dispense

with

oral

argument

2

because

the

facts

and

legal

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3