John Johnson v. Richard Bazzle, No. 09-6414 (4th Cir. 2009)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6414 JOHN FITZGERALD JOHNSON, Petitioner - Appellant, v. RICHARD E. BAZZLE, Warden, Perry Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Patrick Michael Duffy, District Judge. (3:07-cv-03750-PMD) Submitted: July 10, 2009 Decided: July 20, 2009 Before WILKINSON, MOTZ, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. John Fitzgerald Johnson, Appellant Pro Se. William Salter, III, Assistant Attorney General, Columbia, Carolina, for Appellee. Edgar South Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Fitzgerald Johnson seeks to appeal the district court s judge order and denying petition. or judge accepting relief issues absent constitutional prisoner recommendation on his 28 of U.S.C. the § magistrate 2254 (2006) The order is not appealable unless a circuit justice a certificate § 2253(c)(1) (2006). issue the 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 (2006). 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 Johnson 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.