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  • United States v. Charlette Johnson, 4th Cir. (2012)

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    This document summarizes a United States Court of Appeals case. Charlette Dufray Johnson sought to appeal the district court's dismissal without prejudice of her 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and determined that Johnson did not make a substantial showing of the denial of a constitutional right, as required. As a result, the appeals court denied Johnson a certificate of appealability and dismissed the appeal. The dismissal of Johnson's § 2255 motion was without prejudice, so she is not precluded from filing a timely § 2255 motion in the future after her convictions and sentence become final.

    Original Description:

    Filed: 2012-10-12 Precedential Status: Non-Precedential Docket: 12-7293

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    This document summarizes a United States Court of Appeals case. Charlette Dufray Johnson sought to appeal the district court's dismissal without prejudice of her 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and determined that Johnson did not make a substantial showing of the denial of a constitutional right, as required. As a result, the appeals court denied Johnson a certificate of appealability and dismissed the appeal. The dismissal of Johnson's § 2255 motion was without prejudice, so she is not precluded from filing a timely § 2255 motion in the future after her convictions and sentence become final.

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    Public Domain
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    United States v. Charlette Johnson, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Charlette Dufray Johnson sought to appeal the district court's dismissal without prejudice of her 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and determined that Johnson did not make a substantial showing of the denial of a constitutional right, as required. As a result, the appeals court denied Johnson a certificate of appealability and dismissed the appeal. The dismissal of Johnson's § 2255 motion was without prejudice, so she is not precluded from filing a timely § 2255 motion in the future after her convictions and sentence become final.

    Copyright:

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    of 2

    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
    courts

    order

    dismissing

    without

    2255 (West Supp. 2012) motion.


    unless

    circuit

    appealability.

    justice

    or

    prejudice

    her

    28

    U.S.C.A.

    The order is not appealable

    judge

    issues

    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 Johnsons 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.

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