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  • Johnson v. Angelone, 4th Cir. (2005)

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    Cedric Sarron Johnson sought to appeal a district court order that denied his petition for habeas corpus relief under 28 U.S.C. § 2254. A panel of the Fourth Circuit Court of Appeals dismissed the appeal, finding that Johnson had not made a substantial showing that he was denied a constitutional right as required to issue a certificate of appealability under 28 U.S.C. § 2253(c). The panel independently reviewed the record and determined that reasonable jurists would not find Johnson's constitutional claims debatable or the district court's procedural rulings wrong. Therefore, the panel denied a certificate of appealability and dismissed the appeal.

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    Filed: 2005-02-03 Precedential Status: Non-Precedential Docket: 04-7452

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    Cedric Sarron Johnson sought to appeal a district court order that denied his petition for habeas corpus relief under 28 U.S.C. § 2254. A panel of the Fourth Circuit Court of Appeals dismissed the appeal, finding that Johnson had not made a substantial showing that he was denied a constitutional right as required to issue a certificate of appealability under 28 U.S.C. § 2253(c). The panel independently reviewed the record and determined that reasonable jurists would not find Johnson's constitutional claims debatable or the district court's procedural rulings wrong. Therefore, the panel denied a certificate of appealability and dismissed the appeal.

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    Public Domain
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    11 views2 pages

    Johnson v. Angelone, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    Cedric Sarron Johnson sought to appeal a district court order that denied his petition for habeas corpus relief under 28 U.S.C. § 2254. A panel of the Fourth Circuit Court of Appeals dismissed the appeal, finding that Johnson had not made a substantial showing that he was denied a constitutional right as required to issue a certificate of appealability under 28 U.S.C. § 2253(c). The panel independently reviewed the record and determined that reasonable jurists would not find Johnson's constitutional claims debatable or the district court's procedural rulings wrong. Therefore, the panel denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7452

    CEDRIC SARRON JOHNSON,


    Petitioner - Appellant,
    versus
    RONALD ANGELONE, Director, Virginia Department
    of Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. Richard L. Williams, Senior
    District Judge. (CA-02-448)

    Submitted:

    January 27, 2005

    Decided:

    February 3, 2005

    Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Cedric Sarron Johnson, Appellant Pro Se. Stephen R. McCullough,


    Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Cedric

    Sarron

    Johnson

    seeks

    to

    appeal

    the

    district

    courts order accepting a magistrate judges recommendation to deny


    relief on his petition filed under 28 U.S.C. 2254 (2000).

    An

    appeal may not be taken from the final order in a habeas corpus
    proceeding unless a circuit justice or judge issues a certificate
    of appealability. 28 U.S.C. 2253(c)(1) (2000). A certificate of
    appealability will not issue absent a substantial showing of the
    denial of a constitutional right.

    28 U.S.C. 2253(c)(2) (2000).

    A prisoner satisfies this standard by demonstrating that reasonable


    jurists would find that his constitutional claims are debatable and
    that any dispositive procedural rulings by the district court are
    also debatable or wrong.

    See Miller-El v. Cockrell, 537 U.S. 322,

    336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v.
    Lee, 252 F.3d 676, 683 (4th Cir. 2001).

    We have independently

    reviewed the record and conclude that Johnson has not made the
    requisite

    showing.

    Accordingly,

    we

    appealability and dismiss the appeal.

    deny

    certificate

    of

    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

    - 2 -

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