Robert Walls v. Gene Johnson, No. 09-7195 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7195 ROBERT WALLS, JR., Petitioner - Appellant, v. GENE M. JOHNSON, Corrections, Director of the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. (2:08-cv-00500-RBS-JEB) Submitted: January 14, 2010 Decided: February 2, 2010 Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Walls, Jr., Appellant Pro Se. THE ATTORNEY GENERAL OF VIRGINIA, Appellee. Karen Misbach, OFFICE OF Richmond, Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert court s order petition. Walls, denying Jr., relief seeks on to appeal the 28 U.S.C. § 2254 his § 2253(c)(1) (2006). absent constitutional prisoner (2006) The order is not appealable unless a circuit justice or judge issues a certificate of appealability. issue district a A certificate of appealability will not substantial right. satisfies reasonable jurists constitutional See 28 U.S.C. 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of by that district of (2006). A demonstrating any assessment court is a that of the debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. 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 Walls has not made the requisite showing. certificate dispense of with appealability oral argument and Accordingly, we deny a dismiss because the the appeal. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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