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Star v. Johnson, 07-6429 (2007)

Court: Court of Appeals for the Fourth Circuit Number: 07-6429 Visitors: 33
Filed: Jun. 22, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6429 MICHAEL STAR, Petitioner - Appellant, versus GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:07-cv-00027-RBS) Submitted: June 15, 2007 Decided: June 22, 2007 Before WIDENER, MICHAEL and KING, Circuit Judges. Dismissed by unpublished per curiam
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 07-6429



MICHAEL STAR,

                                              Petitioner - Appellant,

          versus


GENE M. JOHNSON, Director     of   the   Virginia
Department of Corrections,

                                               Respondent - Appellee.


Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:07-cv-00027-RBS)


Submitted: June 15, 2007                       Decided:   June 22, 2007


Before WIDENER, MICHAEL and KING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Michael Star, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

           Michael Star seeks to appeal the district court’s order

accepting the recommendation of the magistrate judge and dismissing

as successive his 28 U.S.C. § 2254 (2000) petition.               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     any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable.          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 Star 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




                                   - 2 -

Source:  CourtListener

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