US v. Charlette Johnson, No. 12-7293 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7293 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLETTE DUFRAY JOHNSON, a/k/a Charlotte Johnson, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. W. Earl Britt, Senior District Judge. (7:10-cr-00093-BR-1; 7:12-cv-00209-BR) Submitted: September 21, 2012 Decided: October 12, 2012 Before WILKINSON, GREGORY, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Charlette Dufray Johnson, Appellant Pro Se. Jennifer P. MayParker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charlette Dufray Johnson seeks to appeal the district court s order dismissing without § 2255 (West Supp. 2012) motion. unless a circuit appealability. justice or prejudice her 28 U.S.C.A. The order is not appealable judge issues a certificate 28 U.S.C. § 2253(c)(1)(B) (2006). of A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. We have independently reviewed the 28 U.S.C. § 2253(c)(2). record Johnson has not made the requisite showing. and conclude that Accordingly, we deny a certificate of appealability and dismiss the appeal. * dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED * Because Johnson s § 2255 motion was dismissed without prejudice as premature, she is not precluded from filing a timely § 2255 motion after her convictions and sentence become final. 2
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