Samuel Johnson v. Robert Stevenson, III
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 5:13-cv-01714-TMC Copies to all parties and the district court/agency. [999479867]. Mailed to: Samuel Johnson. [14-7274]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7274
SAMUEL T. JOHNSON,
Petitioner - Appellant,
v.
ROBERT M. STEVENSON, III,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Timothy M. Cain, District Judge.
(5:13-cv-01714-TMC)
Submitted:
November 18, 2014
Decided:
November 21, 2014
Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Samuel T. Johnson,
Assistant
Attorney
Assistant Attorney
Appellee.
Appellant
General,
General,
Pro Se.
Alphonso Simon, Jr.,
Donald
John
Zelenka,
Senior
Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Samuel T. Johnson seeks to appeal the district court’s
order adopting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2012) petition.
The
order is not appealable unless a circuit justice or judge issues
a
certificate
(2012).
of
appealability.
28
U.S.C.
§ 2253(c)(1)(A)
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).
on
the
merits,
demonstrating
district
that
court’s
debatable
or
a
When the district court denies relief
prisoner
satisfies
reasonable
assessment
wrong.
Slack
jurists
this
would
of
the
v.
McDaniel,
standard
find
constitutional
529
U.S.
by
that
the
claims
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 petition states a debatable
claim of the denial of a constitutional right.
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
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