US v. John Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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facts

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and

materials

legal
before

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contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.

DISMISSED

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