US v. John Johnson


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999598123-2] Originating case number: 4:08-cr-01258-RBH-5,4:14-cv-01584-RBH Copies to all parties and the district court/agency. [999696520]. Mailed to: John Johnson. [15-6778]

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Appeal: 15-6778 Doc: 13 Filed: 11/10/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6778 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN MARQUIS JOHNSON, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:08-cr-01258-RBH-5; 4:14-cv-01584-RBH) Submitted: October 29, 2015 Decided: November 10, 2015 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. John Marquis Johnson, Appellant Pro Se. Robert Frank Daley, Jr., Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6778 Doc: 13 Filed: 11/10/2015 Pg: 2 of 3 PER CURIAM: John Marquis Johnson seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2012) motion and denying his Fed. R. Civ. P. 59(e) motion to alter or amend the judgment. The justice judge or orders are issues a not appealable certificate U.S.C. § 2253(c)(1)(B) (2012). of unless a circuit appealability. 28 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 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 motion 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 Johnson’s motion for a certificate of appealability and dismiss the appeal. We dispense with oral argument because the 2 Appeal: 15-6778 facts Doc: 13 and materials legal before Filed: 11/10/2015 Pg: 3 of 3 contentions are adequately this and argument court presented would not in the aid the decisional process. DISMISSED 3

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