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  • United States v. Johnson, 4th Cir. (2009)

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    This document summarizes a United States Court of Appeals for the Fourth Circuit case. It discusses how Wayne C. Johnson sought to appeal a district court order that construed his petition for a writ of audita querela as a successive 28 U.S.C. § 2255 motion and dismissed it for lack of jurisdiction. The circuit court denied Johnson's request for a certificate of appealability, finding he had not made a substantial showing that his constitutional rights were denied. It also denied his motion to compel disclosure from all parties. The circuit court dismissed the appeal.

    Original Description:

    Filed: 2009-11-24 Precedential Status: Non-Precedential Docket: 09-7314

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    This document summarizes a United States Court of Appeals for the Fourth Circuit case. It discusses how Wayne C. Johnson sought to appeal a district court order that construed his petition for a writ of audita querela as a successive 28 U.S.C. § 2255 motion and dismissed it for lack of jurisdiction. The circuit court denied Johnson's request for a certificate of appealability, finding he had not made a substantial showing that his constitutional rights were denied. It also denied his motion to compel disclosure from all parties. The circuit court dismissed the appeal.

    Copyright:

    Public Domain
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    1 views3 pages

    United States v. Johnson, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals for the Fourth Circuit case. It discusses how Wayne C. Johnson sought to appeal a district court order that construed his petition for a writ of audita querela as a successive 28 U.S.C. § 2255 motion and dismissed it for lack of jurisdiction. The circuit court denied Johnson's request for a certificate of appealability, finding he had not made a substantial showing that his constitutional rights were denied. It also denied his motion to compel disclosure from all parties. The circuit court dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-7314

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    WAYNE C. JOHNSON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. Richard L. Williams, Senior
    District Judge. (3:09-cv-00421-RLW; 3:99-cr-00119-RLW-1)

    Submitted:

    November 17, 2009

    Decided:

    November 24, 2009

    Before WILKINSON, MICHAEL, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Wayne C. Johnson, Appellant Pro Se.


    Stephen David Schiller,
    Assistant United States Attorney, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Wayne C. Johnson seeks to appeal the district courts
    order construing his petition for a writ of audita querela as a
    successive

    28

    U.S.C.A.

    dismissing

    it

    for

    appealable

    unless

    lack
    a

    2255
    of

    of

    Supp.

    jurisdiction.

    circuit

    certificate of appealability.
    certificate

    (West

    justice

    2009)
    The

    order

    is

    not
    a

    28 U.S.C. 2253(c)(1) (2006).

    will

    not

    judge

    and

    issues

    appealability

    or

    motion,

    issue

    absent

    substantial showing of the denial of a constitutional right.


    28

    U.S.C.

    standard

    2253(c)(2)

    by

    (2006).

    demonstrating

    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this
    find

    that any assessment of the constitutional claims by the district


    court is debatable or wrong and that any dispositive procedural
    ruling by the district court is likewise debatable.

    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).

    conclude

    We

    that

    have

    Johnson

    independently
    has

    not

    made

    reviewed
    the

    the

    record

    requisite

    and

    showing.

    Accordingly, we deny a certificate of appealability and dismiss


    the appeal.

    We also deny Johnsons motion to compel disclosure

    from all parties of interest.

    We dispense with oral argument

    because the facts and legal contentions are adequately presented

    in the materials before the court and argument would not aid the
    decisional process.
    DISMISSED

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