US v. Christopher Johnson, No. 13-6613 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6613 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRISTOPHER RAESEAN JOHNSON, a/k/a C-Murder, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:05-cr-00209-FL-1; 5:12-cv-00304-FL) Submitted: August 30, 2013 Decided: September 10, 2013 Before DAVIS, KEENAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Christopher Raesean Johnson, Appellant Pro Se. Jennifer P. MayParker, Assistant United States Attorney, Felice McConnell Corpening, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Christopher district court s Raesean order Johnson adopting seeks the to appeal magistrate the judge s recommendation to treat his motion to vacate as a successive 28 U.S.C.A. § 2255 (West Supp. 2013) motion and dismissing it on that basis. appealable The unless district a court s circuit certificate of appealability. A certificate of dismissal justice or order judge is issues not a 28 U.S.C. § 2253(c)(1)(B) (2006). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2006). relief on the demonstrating district merits, that court s debatable or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find U.S. that the claims constitutional 529 by is 473, 484 (2000); see Miller El v. Cockrell, 537 U.S. 322, 336 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484 85. We have independently reviewed the record and conclude that Johnson has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 2 We dispense contentions with are oral argument adequately because presented in the facts and the materials legal before this Court and argument would not aid the decisional process. DISMISSED 3
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