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Sampson v. Johnson

United States Court of Appeals, Fourth Circuit
Jun 26, 2007
231 F. App'x 228 (4th Cir. 2007)

Opinion

Nos. 06-7814, 07-6101.

Submitted: June 21, 2007.

Decided: June 26, 2007.

Appeals from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:06-cv-00180).

Nolie Deal Sampson, Appellant Pro Se. Alice T. Armstrong, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Nolie Deal Sampson seeks to appeal the district court's orders denying relief on his 28 U.S.C. § 2254 (2000) petition and denying his motion for reconsideration. The orders are not appealable 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 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Sampson has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeals. 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.


Summaries of

Sampson v. Johnson

United States Court of Appeals, Fourth Circuit
Jun 26, 2007
231 F. App'x 228 (4th Cir. 2007)
Case details for

Sampson v. Johnson

Case Details

Full title:Nolie Deal Sampson, Petitioner-Appellant, v. Gene M. Johnson, Director…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 26, 2007

Citations

231 F. App'x 228 (4th Cir. 2007)