US v. Christopher Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:05-cr-00209-FL-1,5:12-cv-00304-FL. Copies to all parties and the district court/agency. [999190077]. Mailed to: Christopher Johnson. [13-6613]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6613

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CHRISTOPHER RAESEAN JOHNSON, a/k/a C-Murder,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:05-cr-00209-FL-1; 5:12-cv-00304-FL)

Submitted:

August 30, 2013

Decided:

September 10, 2013

Before DAVIS, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christopher Raesean Johnson, Appellant Pro Se. Jennifer P. MayParker, Assistant United States Attorney, Felice McConnell
Corpening, Seth Morgan Wood, OFFICE OF THE UNITED STATES
ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Christopher
district

court’s

Raesean

order

Johnson

adopting

seeks

the

to

appeal

magistrate

the

judge’s

recommendation to treat his motion to vacate as a successive 28
U.S.C.A. § 2255 (West Supp. 2013) motion and dismissing it on
that

basis.

appealable

The
unless

district
a

court’s

circuit

certificate of appealability.
A

certificate

of

dismissal

justice

or

order

judge

is

issues

not
a

28 U.S.C. § 2253(c)(1)(B) (2006).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2006).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

U.S.

that

the

claims

constitutional
529

by

is

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

claim of the denial of a constitutional right.

a

debatable

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.
2

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We

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dispense

contentions

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with
are

oral

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argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this Court and argument would not aid the decisional process.

DISMISSED

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