Terry Moore v. Gene Johnson, No. 08-6887 (4th Cir. 2008)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6887 TERRY TYRONE MOORE, Petitioner Appellant, v. GENE M. JOHNSON, Corrections, Director of the Virginia Department of 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-00441-RBS-FBS) Submitted: October 30, 2008 Decided: December 30, 2008 Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Denis Kmetz, Norfolk, Virginia, for Appellant. Kathleen Beatty Martin, Senior Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terry court s judge order and judge Moore accepting the denying petition. or Tyrone relief issues absent constitutional prisoner to appeal recommendation on his 28 of U.S.C. the the § district magistrate 2254 (2000) The order is not appealable unless a circuit justice a certificate § 2253(c)(1) (2000). issue seeks a substantial right. jurists constitutional appealability. 28 U.S.C. A certificate of appealability will not satisfies reasonable of 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of by that (2000). demonstrating any district of assessment court is a A that of the 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 Moore has not made the certificate dispense of with requisite showing. appealability oral argument and Accordingly, dismiss because the the we deny appeal. facts and a We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.