US v. Stacy Demoris Johnson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cr-00332-WO-5,1:13-cv-00732-WO-LPA Copies to all parties and the district court/agency. [999764997]. Mailed to: Stacy Demoris Johnson FCI PETERSBURG LOW FEDERAL CORRECTIONAL INSTITUTION P. O. Box 1000 Petersburg, VA 23804-0000. [15-7712]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7712
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
STACY DEMORIS JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge.
(1:10-cr-00332-WO-5; 1:13-cv-00732WO-LPA)
Submitted:
February 25, 2016
Before SHEDD and
Circuit Judge.
HARRIS,
Circuit
Decided:
Judges,
and
March 1, 2016
DAVIS,
Senior
Dismissed by unpublished per curiam opinion.
Stacy Demoris Johnson, Appellant Pro Se. Joan Brodish Binkley,
Sandra Jane Hairston, Robert Michael Hamilton, Angela Hewlett
Miller, Assistant United States Attorneys, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Stacy Demoris 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. § 2255 (2012) motion.
The order
is not appealable unless a circuit justice or judge issues a
certificate of appealability.
A
certificate
of
28 U.S.C. § 2253(c)(1)(B) (2012).
appealability
will
not
issue
absent
“a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief
on
the
demonstrating
district
merits,
that
court’s
debatable
or
a
When the district court denies
prisoner
reasonable
assessment
wrong.
satisfies
jurists
would
of
the
v.
McDaniel,
Slack
this
standard
find
U.S.
that
the
claims
constitutional
529
by
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
motion
states
claim of the denial of a constitutional right.
a
debatable
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
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