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Johnson v. Galley, 05-6000 (2005)

Court: Court of Appeals for the Fourth Circuit Number: 05-6000
Filed: May 05, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6000 ERON JOHNSON, Petitioner - Appellant, versus JON P. GALLEY; JOHN JOSEPH CURRAN, JR., Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-04- 3152-AMD) Submitted: April 28, 2005 Decided: May 5, 2005 Before WILLIAMS, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Eron Johnson, Appellant Pro Se
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                              UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                              No. 05-6000



ERON JOHNSON,

                                            Petitioner - Appellant,

          versus


JON P. GALLEY; JOHN JOSEPH CURRAN, JR.,

                                            Respondents - Appellees.



Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-04-
3152-AMD)


Submitted:   April 28, 2005                    Decided:   May 5, 2005


Before WILLIAMS, KING, and DUNCAN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Eron Johnson, Appellant Pro Se. 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Unpublished opinions are not binding precedent in this circuit.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:

               Eron Johnson seeks to appeal the district court’s order

denying as untimely his petition filed under 28 U.S.C. § 2254

(2000). The order is not appealable 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 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    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
, 336-38 (2003);

Slack v. McDaniel, 
529 U.S. 473
, 484 (2000); Rose v. Lee, 
252 F.3d 676
, 683-84 (4th Cir. 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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Source:  CourtListener

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