Everette Johnson v. Harold Clarke

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:14-cv-00026-RBS-TEM Copies to all parties and the district court/agency. [999589694]. Mailed to: E. Johnson. [15-6068]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6068

EVERETTE LEWIS JOHNSON,
Petitioner - Appellant,
v.
HAROLD CLARKE, Director, DOC,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Rebecca Beach Smith, Chief
District Judge. (2:14-cv-00026-RBS-TEM)

Submitted:

May 21, 2015

Decided:

May 26, 2015

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Everette Lewis Johnson, Appellant Pro Se.
Rosemary Virginia
Bourne, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Everette Lewis Johnson seeks to appeal the district court’s
order accepting 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 of appealability.
(2012).

See 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) (2012).
When
prisoner

the

district

court

satisfies

this

jurists

would

reasonable

denies

relief

standard
find

by

that

on

the

merits,

demonstrating

the

district

a

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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.
dispense

with

oral

argument

because

2

the

facts

and

We

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