Aron Johnson, Jr. v. Nora Hunt, No. 08-6463 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6463 ARON JOHNSON, JR., Petitioner - Appellant, v. NORA HUNT, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:08-cv-00020-GCM) Submitted: October 23, 2008 Before WILKINSON and Senior Circuit Judge. GREGORY, Decided: Circuit Judges, January 8, 2009 and HAMILTON, Dismissed by unpublished per curiam opinion. Aron Johnson, Jr., Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Aron court s order petition. Johnson, denying Jr., seeks relief on to appeal the 28 U.S.C. § 2254 his (2000) The order is not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1) (2000). issue district absent constitutional prisoner a A certificate of appealability will not substantial right. satisfies reasonable jurists constitutional See 28 U.S.C. 28 this by U.S.C. find the of the denial § 2253(c)(2) standard would claims showing that district by any of (2000). A demonstrating assessment court is a that of the debatable or wrong and that any dispositive procedural ruling by the district See Miller-El v. Cockrell, 537 court is likewise debatable. 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, and dismiss the appeal. we deny a certificate of appealability We grant Johnson s motion to amend his informal brief and deny his motion to amend to permit discovery. Finally, we dispense with oral 2 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 3

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