Filed: Oct. 21, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6928 WILLIE LEWIS JOHNSON, Petitioner - Appellant, versus JOSEPH P. SACCHET, Warden; ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (CA-02-3829-AW) Submitted: October 9, 2003 Decided: October 21, 2003 Before LUTTIG, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6928 WILLIE LEWIS JOHNSON, Petitioner - Appellant, versus JOSEPH P. SACCHET, Warden; ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (CA-02-3829-AW) Submitted: October 9, 2003 Decided: October 21, 2003 Before LUTTIG, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished p..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6928
WILLIE LEWIS JOHNSON,
Petitioner - Appellant,
versus
JOSEPH P. SACCHET, Warden; ATTORNEY GENERAL
FOR THE STATE OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
(CA-02-3829-AW)
Submitted: October 9, 2003 Decided: October 21, 2003
Before LUTTIG, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Willie Lewis Johnson, Appellant Pro Se. John Joseph Curran, Jr.,
Attorney General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL
OF MARYLAND, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Willie Lewis Johnson, a state prisoner, seeks to appeal the
district court’s order denying relief on his petition filed under
28 U.S.C. § 2254 (2000). An appeal may not be taken from the final
order in a § 2254 proceeding unless a circuit justice or judge
issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)
(2000). A certificate of appealability will not issue for claims
addressed by a district court absent “a substantial showing of the
denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).
A prisoner satisfies this standard by demonstrating that reasonable
jurists would find both that his constitutional claims are
debatable and that any dispositive procedural rulings by the
district court are also debatable or wrong. See Miller-El v.
Cockrell,
537 U.S. 322, ,
123 S. Ct. 1029, 1039-40 (2003); Slack
v. McDaniel,
529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676,
683 (4th Cir.), cert. denied,
534 U.S. 941 (2001). 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. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
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