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Stewart v. Johnson

United States Court of Appeals, Fourth Circuit
Oct 16, 2007
251 F. App'x 152 (4th Cir. 2007)

Opinion

No. 07-6613.

Submitted: October 11, 2007.

Decided: October 16, 2007.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:06-cv-00080).

Nikita Ray Stewart, Appellant Pro Se. Thomas Drummond Bagwell, Assistant Attorney General, Richmond, Virginia, for Appellee.

Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Nikita Ray Stewart seeks to appeal the magistrate judge's order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is 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. McDauiel, 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 Stewart has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

The parties consented to the jurisdiction of the magistrate judge pursuant to 28 U.S.C. § 636(c) (2000).

DISMISSED.


Summaries of

Stewart v. Johnson

United States Court of Appeals, Fourth Circuit
Oct 16, 2007
251 F. App'x 152 (4th Cir. 2007)
Case details for

Stewart v. Johnson

Case Details

Full title:Nikita Ray STEWART, Petitioner-Appellant, v. Gene M. JOHNSON…

Court:United States Court of Appeals, Fourth Circuit

Date published: Oct 16, 2007

Citations

251 F. App'x 152 (4th Cir. 2007)