US v. Brian Johnson, No. 13-7752 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7752 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRIAN JOHNSON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:09-cr-00307-FL-1; 5:11-cv-00582-FL) Submitted: April 24, 2014 Decided: April 28, 2014 Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Brian Johnson, Appellant Pro Se. Matthew Fesak, Jane J. Jackson, Assistant United States Attorneys, Shailika K. Shah, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Brian Johnson seeks to appeal the district court s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of 28 U.S.C. § 2253(c)(1)(B) (2012). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2012). relief on the merits, demonstrating district that court s debatable or a When the district court denies prisoner reasonable assessment wrong. satisfies jurists would of the v. McDaniel, Slack this 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. we deny Johnson s certificate dispense of with motion for appealability oral argument appointment and dismiss because 2 of the Accordingly, counsel, the deny appeal. facts and a We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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