Warren Cephas v. Gene Johnson, No. 09-7226 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7226 WARREN N. CEPHAS, Petitioner - Appellant, v. GENE JOHNSON, Director, VA Dept. of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:08-cv-00731-MHL) Submitted: February 11, 2010 Decided: February 19, 2010 Before WILKINSON and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Warren N. Cephas, Appellant Pro Se. Gregory William Franklin, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Warren N. Cephas seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2254 (2006) petition. * The order is not appealable unless a circuit justice or judge issues a certificate § 2253(c)(1) (2006). issue absent constitutional prisoner a substantial right. jurists constitutional appealability. See 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 district of (2006). demonstrating any assessment court is a 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 Cephas has not made the requisite showing. certificate dispense of with appealability oral argument and dismiss because * Accordingly, we deny a the the facts Pursuant to 28 U.S.C. § 636(c) (2006), consented to proceed before a magistrate judge. 2 appeal. and the We legal parties contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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