US v. Charlette Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 7:10-cr-00093-BR-1,7:15-cv-00063. Copies to all parties and the district court. [999659084]. Mailed to: Charlette Johnson. [15-7020]

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Appeal: 15-7020 Doc: 9 Filed: 09/14/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7020 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLETTE DUFRAY JOHNSON, a/k/a Charlotte Johnson, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. W. Earl Britt, Senior District Judge. (7:10-cr-00093-BR-1; 7:15-cv-00063) Submitted: September 9, 2015 Decided: September 14, 2015 Before SHEDD, WYNN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Charlette Dufray Johnson, Appellant Pro Se. Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7020 Doc: 9 Filed: 09/14/2015 Pg: 2 of 3 PER CURIAM: Charlette Dufray Johnson denying relief seeks 28 U.S.C. the district order motion. The order is not appealable unless a circuit justice or issues a certificate § 2253(c)(1)(B) (2012). issue absent “a of § 2255 appealability. 28 (2012) U.S.C. A certificate of appealability will not substantial constitutional right.” her appeal court’s judge on to showing of the denial 28 U.S.C. § 2253(c)(2) (2012). of a 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 a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal Appeal: 15-7020 Doc: 9 contentions Filed: 09/14/2015 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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